P.

DISCUSSION

I. Defendant’s Argument

Defendant asserts that Detective Flaherty failed to aver sufficient fresh facts to support the search warrant. The affidavit recited the opinions and conclusions of the affiant, and the information from Cummings was inadequate and unreliable. Defendant also argues that the detective could not rely on the good faith exception under the circumstances. Therefore, all evidence should have been suppressed.

II. Contents of the Warrant

The record shows that the warrant was obtained to search defendant‘s residence and any vehicles connected to the occupants of that residence. The items to be seized were any and all firearms or pieces of firearms and firearm paraphernalia, any evidence of street gang membership, any safe, and any items tending to establish the identity of the persons in control of the premises. Detective Flaherty summarized his experience as a gang officer, and stated that he was assigned to the police department‘s Division Gang Impact Team.

3 In the statement of probable cause, Detective Flaherty summarized the two police reports made by Cummings—one describing the March 26, 2011 incident, and the other describing the March 25, 2011…