PEOPLE v. HULLAND

No. B160371.

2 Cal.Rptr.3d 919 (2003)

110 Cal.App.4th 1646

The PEOPLE, Plaintiff and Respondent, v. Ricky HULLAND, Defendant and Appellant.

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

August 6, 2003.


Attorney(s) appearing for the Case

Law Offices of Carl K. Osborne, Carl K. Osborne, Beverly Hills, and Philip A. Iadevaia, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Victoria B. Wilson and Michael W. Whitaker, Deputy Attorneys General, for Plaintiff and Respondent.


PERREN, J.

A police officer purchases drugs from a defendant, then waits 52 days before seeking a warrant to search two residences where the defendant allegedly lives. When the defendant moves to suppress evidence obtained from the search, the trial court finds the warrant was based on stale information, but denies suppression on further finding that the officer executed the warrant in good faith.

Here we conclude that the officer, who both sought and executed...

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