People v. Marquez CA5

INTRODUCTION

Defendant Jimmy Marquez, also known as Jimmy Lopez, pleaded no contest to a violation of Health and Safety Code section 11370.1, subdivision (a) after the trial court denied his motion to quash a warrant and suppress evidence obtained during a search of his residence and car. On appeal, he challenges the court’s denial of his motion to quash and suppress, asserting the search warrant was not supported by probable cause, and the good faith exception did not apply to render the retrieved evidence admissible. We affirm.

FACTUAL BACKGROUND

Defendant was charged with felony violations of Health and Safety Code sections 11351 (possession of cocaine for sale), 11366 (maintaining or opening a place for selling, giving away, or using cocaine), and 11370.1, subdivision (a) (possessing a substance containing cocaine while armed with a loaded, operable firearm), and Penal Code sections 29800, subdivision (a)(1) (unlawful possession of a firearm by a felon), and 30305, subdivision (a) (unlawful possession of ammunition by a felon), and a misdemeanor violation of Penal Code section 496, subdivision (a) (unlawful receipt of stolen property) after contraband and drug-related…