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PEOPLE v. LUCATERO

No. F053221.

166 Cal.App.4th 1110 (2008)

THE PEOPLE, Plaintiff and Respondent, v. ALBERTO LUCATERO, Defendant and Appellant.

Court of Appeals of California, Fifth District.

As modified October 8, 2008.

CERTIFIED FOR PARTIAL PUBLICATION

Attorney(s) appearing for the Case

Maureen L. Fox, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Charles A. French and Brook Bennigson, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

WISEMAN, Acting P. J.

A police officer, acting on information given to him by an untested informant, posed as a prospective home buyer in order to go with a real estate agent inside a home that was listed for sale. While inside, the officer was able to corroborate details given to him by the informant and, armed with this information, later to obtain a warrant enabling him to search the home for drugs. He did not tell the real estate agent his real...

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