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California Court of Appeal


PEOPLE v. GARCIA, B159701

When a search warrant for a business establishment is based on sale of controlled substances by a non-owner/non-employee, the affidavit in support must establish probable cause that controlled substances will be found at the business, not merely sale of controlled substances; although search warrant was facially invalid, judgment is affirmed because police relied on search warrant in good faith.

Appellate Information

  • Decided 08/26/2003
  • Published 08/26/2003

Judges

  • GRIGNON, J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  •  Peter A. Vance, San Diego, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Mary Sanchez and Steven D. Matthews, Deputy Attorneys General, for Plaintiff and Respondent.
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