PEOPLE v. HALE

No. B178341.

35 Cal.Rptr.3d 183 (2005)

133 Cal.App.4th 942

The PEOPLE, Plaintiff and Respondent, v. Michael Lee HALE, Defendant and Appellant.

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

October 20, 2005.


Attorney(s) appearing for the Case

Peter A. Vance and Bruce M. Margolin, West Hollywood, for Defendant and Appellant.

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


GILBERT, P.J.

An officer signs an oath on the face of a search warrant. He swears that he has probable cause to believe the property described in the warrant can be lawfully seized and that his belief is based on the statement of probable cause contained in the warrant. Here we conclude the warrant is valid because the oath necessarily implies that the facts in the statement of probable cause are true. We therefore ...

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