People v. Hansborough

Opinion

HASTINGS, J.

*

The People appeal from an order dismissing an information alleging defendant possessed cocaine for sale (Health & Saf. Code, § 11351), following an order quashing a search warrant (Pen. Code, § 1538.5).

The People contend: The magistrate had a substantial basis for concluding that probable cause existed; and, even if the search warrant affidavit was insufficient, the exclusionary rule should not be applied because the affiant acted in good faith and in objectively reasonable reliance on the warrant.

Defendant moved to suppress evidence recovered during the February 6, 1986, execution of a search warrant issued on January 31, 1986. The ground for the motion was, inter alia, that the warrant was issued without reasonable or probable cause.

The search warrant authorized the search of the premises located at 1232 West 99th Street and 1245 West 99th Street, apartment No. 4, in the City and County of Los Angeles. It also authorized the search of defendant’s person.

At the hearing on the motion to quash, the trial court reviewed the contents of the search warrant. Los Angeles Police Officer Robert Tolmaire stated in pertinent part in the affidavit supporting the warrant: “Between the date of 01-23-86 and 01-28-86, I met with a confidential reliable

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informant, hereafter, called the C.R.I. The C.R.I. is reliable because he/she gives me information more than two (2) times in the past month about sales of cocaine, and each time the information has resulted in a search warrant being issued and served, with seizures of quantities of cocaine, arrest and filing with the District Attorney’s Office. None of the information has been false or misleading. [[]] The CRI told me that a person known to he/she as ‘Louis Hasborough’ and described as a male negro 20-22 years old, 5-6/5-S tall, thin, is selling quantities of cocaine from two residences 1245 West 99th Street Apt #4, Los Angeles and 1232 West 99th Street, Los Angeles. Hf] The CRI told me that within 5 days prior to me receiving this information, that he/she has been inside of the locations (two rock houses) and saw cocaine being prepared for sale and saw ‘Louis’ sell the cocaine to customers. [fl] The CRI also told me that he/she knows cocaine users who tell him/her that the cocaine they buy from ‘Louis’, at the locations gives them the desired effect which is the same effect they get when they have used cocaine on other occasions. [[)] The CRI is a self admitted cocaine user and I have questioned him/her carefully about identity, use, preparation, packaging, sale and price of cocaine. The CRI was quite knowledgeable about cocaine. The CRI said that he/she saw numerous rocks of cocaine on a plate in the livingroom at 1232 West 99th Street. The CRI said that he/she saw a large bag of powder cocaine in the bedroom at 1245 West 99th Street, Apt #4. The CRI said that ‘Louis’ operates both rock houses. . . . [[[] From the information contained in this affidavit, your affiant has formed the expert opinion that rock cocaine is presently at the locations. That this is a continuing drug operation and that the supply of said narcotic contraband will be replenished after being sold.”