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PEOPLE v. GARCIA

No. B159701.

3 Cal.Rptr.3d 895 (2003)

111 Cal.App.4th 715

The PEOPLE, Plaintiff and Respondent, v. Victoria GARCIA, Defendant and Appellant.

Court of Appeals of California, Second District, Division Five.

Rehearing Denied September 16, 2003.

Review Denied November 25, 2003.

Attorney(s) appearing for the Case

Peter A. Vance, San Diego, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Mary Sanchez and Steven D. Matthews, Deputy Attorneys General, for Plaintiff and Respondent.

GRIGNON, J.

The police obtained a search warrant for a business establishment that was open to the public, based on sales from the establishment of methamphetamine by an individual who was neither an owner nor an employee of the business establishment. We conclude the search warrant was facially invalid. When a search warrant for a business establishment open to the public is based on the sale of controlled substances...

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