KAYLOR v. SUPERIOR COURT

Docket No. 18905.

108 Cal.App.3d 451 (1980)

166 Cal. Rptr. 598

DOUG KAYLOR, Petitioner, v. THE SUPERIOR COURT OF NEVADA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Third District.

July 22, 1980.


Attorney(s) appearing for the Case

COUNSEL

Richard E. Draper, William A. Heidelberger and Floyd J. Silliman for Petitioner.

No appearance for Respondent.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Robert D. Marshall and John W. Spittler, Deputy Attorneys General, for Real Party in Interest.


OPINION

REYNOSO, J.

Our response to the following question is dispositive. May a search or seizure warrant be maintained when (1) the supporting affidavit incorporated by reference over 155 pages of material, principally police reports, some of which were illegible, and (2) the magistrate did not read some of the reports which formed a part of the affidavit. We hold, under the facts of this case, that the search warrant fails and...

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