California Court of Appeal

Trial court judgment dismissing the criminal case against defendant is affirmed where: 1) a search warrant failed the test of time as the trial court reasonably found that the affidavit information was stale after an 82 day delay between the date the alleged criminal activity occurred and the issuance of the warrant; and 2) the court properly determined that the good faith exception to the exclusionary rule did not apply as the officer's reliance on the warrant was not objectively reasonable.

Appellate Information

• Decided 07/28/2009
• Published 07/28/2009

Judges

• GILBERT, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Gerald T. Shea, District Attorney, Cheryll Manley, Deputy District Attorney, for Plaintiff and Appellant.


• For Appellees:
  
• Sanger & Swysen, Robert M. Sanger, Stephen K. Dunkle, Santa Barbara, for Defendant and Respondent.