PEOPLE v. WEISS

No. S074181.

86 Cal.Rptr.2d 337 (1999)

978 P.2d 1257

20 Cal.4th 1073

The PEOPLE, Plaintiff and Respondent, v. Carl William WEISS, Defendant and Appellant.

Supreme Court of California.

July 12, 1999.


Attorney(s) appearing for the Case

Andrian & Gallenson, Chris P. Andrian and Stephen Gallenson, Santa Rosa, for Defendant and Appellant.

Daniel E. Lungren and Bill Lockyer, Attorneys General, George Williamson and David P. Druliner, Chief Assistant Attorneys General, Ronald A. Bass, Assistant Attorney General, Ronald E. Niver and Amy Haddix, Deputy Attorneys General, for Plaintiff and Respondent.


CHIN, J.

We must decide in what way illegally obtained information in an affidavit supporting a search warrant affects the warrant's validity. The Court of Appeal concluded that the illegally obtained information must be excised, but if the officers would have sought the warrant without it, and the remaining information supplies probable cause, the warrant is valid. Defendant argues that the reviewing court must additionally find that the magistrate would have issued...

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