People v. McCraw

Opinion

DOUGHERTY, J.* The defendant appeals from a guilty plea pursuant to Penal Code section 1237.5 after a denial of a motion to dismiss (Pen. Code, § 995). The magistrate, after denying a motion to suppress pursuant to Penal Code section 1538.5, held the defendant to answer. The trial court reviewed the transcript of the preliminary hearing and the defendant’s motion to suppress pursuant to Penal Code section 1538.5 and denied the motion to dismiss. The trial court sentenced the defendant to the low term of two years for a violation of Health and Safety Code section 11351 (possession of cocaine for sale).

Statement of Facts

Officer Sullivan of the Ontario Police Department stopped the defendant’s vehicle because it had no front license plate. He then ran a records check on the defendant and the passenger in the car. When the dispatcher advised him the search was clear, Officer Sullivan issued the citation and the defendant started to drive off. As the defendant pulled away, the dispatcher notified the officer that there was a possible warrant out of the State of Washington. He then stopped the defendant’s car again and asked for confirmation from the dispatcher. The officer detained the defendant for 10 minutes while the dispatcher telephoned the State of Washington. The station notified the officer that a warrant would be teletyped to the Foothill jail. The dispatcher told the officer that the Washington authorities would have to check with a “higher authority” as to whether they would extradite. Officer Sullivan then arrested the defendant under the Washington warrant. Another officer’s inventory of the defendant’s automobile turned up several baggies of what was suspected to be cocaine in the trunk of the defendant’s car. The parties stipulated that the baggies contained cocaine which weighed over 13 grams. At sentencing the parties also stipulated that the transcript of the preliminary hearing would form a factual basis for the plea of guilty.

Issue on Appeal

1. Whether an out of state warrant is valid where it has a notation that the issuing state will only extradite to an adjacent state?

[3492]. Assuming the warrant is invalid, whether the good faith exception of United States v. Leon will save an otherwise invalid arrest warrant?

The answer to the first question is yes and so we must affirm the judgment. We also conclude that the good faith exception would save the warrant, the arrest and the subsequent search.