P. v. Franco
Mario Franco, Jr., pled no contest to one count of possession for sale of a controlled substance (Health & Saf. Code, 11378), one count of possession of a deadly weapon (Pen. Code, 12020, subd. (a)(1)), and one count of maintaining a place for selling or using a controlled substance (Health & Saf. Code, 11366).
On appeal, Franco contends the trial court erred in denying his motion to suppress evidence. We agree with Franco that the initial warrantless "protective sweep" of his home was unlawful. Nevertheless, Court conclude the subsequently issued search warrant is valid. After excising the tainted information, the remaining information in the warrant affidavit establishes probable cause for the search. Court affirm.
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