Zabrucky v. Mcadams
129 CAL.APP.4TH 618, 28 CAL.RPTR.3D 592, 2005 DAILY JOURNAL D.A.R. 5735, 05 CAL. DAILY OP. SERV. 4224, 2005.CA.0004418
In the Court of Appeal of the State of California Second Appellate District Division Seven
This book can be downloaded and read in iBooks on your Mac or iOS device.
After the trial court denied his motions to traverse and quash the search warrant and to suppress evidence, defendant Robert Menchaca Martinez pleaded guilty to possession of a controlled substance (methadone), being under the influence of a controlled substance, possession of narcotic paraphernalia, and possession of a hypodermic syringe. He also admitted four prior strike convictions. After striking three of the prior convictions, the court sentenced defendant to a term of 16 months in state prison. Defendant contends the trial court improperly denied his motion to unseal a confidential attachment to the search warrant affidavit after reviewing the attachment in an in camera hearing and that the search warrant was not supported by probable cause. He further argues the officers, in executing the warrant, failed to comply with the knock and notice requirement of Penal Code section 1531, thereby rendering the search unreasonable under the Fourth Amendment. While our task in this case was complicated by the erroneous return of excised search warrant material to the police, we find no reversible error.