What is the appeal of a motion to suppress evidence arising from the execution of a warrant to search the home of a convicted felon in possession of a firearm?

California, United States of America


The following excerpt is from People v. Volkert, F070841 (Cal. App. 2017):

Appellant moved to suppress evidence arising from the execution of a warrant to search his residence, moved to continue trial to retain counsel and moved for discovery of a deputy sheriff's personnel records under Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess). Each motion was denied, and appellant pled no contest to count 2, felon in possession of a firearm, in exchange for a three-year probation term, 240 hours of community service and 120 days of custody in a work release program. Appellant appeals the denial of each motion. Specifically, appellant asserts that the search warrant was improperly granted due to procedural errors and a lack of probable cause, that the denial of the continuance motion violated his right to counsel and he seeks appellate review of the personnel records reviewed under Pitchess. For the reasons set forth below, we affirm.

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