In what circumstances will the court reject an affidavit alleging that an alleged informer witnessed a drug transaction in a parking lot?

California, United States of America


The following excerpt is from People v. Box, 14 Cal.App.4th 177, 17 Cal.Rptr.2d 504 (Cal. App. 1993):

In People v. Sandlin, supra, 230 Cal.App.3d 1310, 281 Cal.Rptr. 702, the court rejected a somewhat similar showing by the defendants. In that case the warrant affidavit described a parking lot drug transaction witnessed by an unnamed informer. One of the defendants' affidavits denied in detail the possibility that such an event occurred, both because she did not operate in the reported manner and because the described events were physically impossible in the particular parking lot. The defendants also alleged that the informant was an off-duty police officer who was engaged to a friend of the defendants; the parking lot story was fabricated as some sort of cover up.

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