Does the probable cause statement in support of warrant no. 3 should have been stricken in its entirety?

California, United States of America


The following excerpt is from People v. Holzworth, A142440 (Cal. App. 2016):

The issue raised by our Wende review is whether the probable cause statement in support of warrant no. 3 should have been stricken in its entirety because the surveillance described therein would not have occurred but for Potter's illegal searches (as defendant contends) or, alternatively, whether the trial court properly excised language pertaining to information derived from warrant nos. 1 and 2 and then found warrant no. 3 supported by probable cause based on the remaining information and the totality of the circumstances (as the Attorney General contends). Before turning to the merits of this issue, however, we note the Attorney General's argument that defendant did not preserve this Fourth Amendment claim for appellate review. This contention is based on the failure of defendant's trial counsel to renew the suppression motion in the superior court, as required by Penal Code section 1538.5, subdivision (m), and People v. Lilienthal (1978) 22 Cal.3d 891, 896. Defendant counters that renewal was not required in this case. We need not resolve whether the issue was preserved because even if it was, we conclude the trial court did not err in denying defendant's motion to quash warrant no. 3.6

Other Questions


Is an affidavit supporting probable cause supported by probable cause insufficient? (California, United States of America)
Does the prosecution below or the Attorney General on appeal contend the search was supported by probable cause or probable cause? (California, United States of America)
How have the courts treated the error in an affidavit and "Statement of Probable Cause" in issuing a search warrant? (California, United States of America)
Can a search warrant be issued pursuant to an affidavit of a police officer wherein it appears that probable cause for the issuance of the warrant rests upon information furnished to him by an informant? (California, United States of America)
If a tainted warrant affidavit is amended to remove tainted evidence from the warrant affidavit at issue, is the warrant sufficient to suppress evidence seized pursuant to the warrant? (California, United States of America)
Does a burglar who ransack a victim's car cause cause probable cause for arrest and completed unlawful vehicle taking? (California, United States of America)
What is the test for probable cause in a search warrant application based on a sworn statement of an informant? (California, United States of America)
What is probable cause for probable cause in a sexual assault case? (California, United States of America)
What is the test for supporting an affidavit supporting probable cause? (California, United States of America)
Is there any case law that supports the argument that a search warrant obtained from a cell phone records and other data extracted from the phone records is sufficient to support the claim that the search warrant is invalid? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.