French

People v. French

Good Law
134 Cal. Rptr. 3d 383·201 Cal. App. 4th 1307·2011 Cal. App. LEXIS 1566
Court of Appeal of CaliforniaDecember 14, 2011No. A130599California5,517 words

Opinion

Lead Opinion

Simons, J.

A search warrant affidavit contains information from three informants, none of whom are reliable. Each informant states two named *1312 individuals are selling drugs from a particular residence and drive a particular vehicle. The affiant officer corroborates those facts and determines that one of the alleged drug dealers has a history of narcotics offenses, but fails to include in the affidavit the dates and any details of those offenses. We conclude that the affidavit was insufficient to establish probable cause to issue the warrant, in part because the police corroboration of the informants’ statements and the “interlocking” details of those statements related to “pedestrian” facts. However, we find the good faith exception to the exclusionary rule applicable and affirm.

BACKGROUND

In March 2010, Eureka Police Officer Gary Cooper sought a warrant to search the persons of Robert Samuel French (defendant) and Maria Camacho, a house on Summer Street in Eureka where defendant and Camacho resided, and a black pickup truck owned by defendant.

Cooper’s affidavit in support of the application for a search warrant stated in relevant part:

*1314 A magistrate signed the search…

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