P. v. Gastelum CA2/1
The Monterey Park Police Department applied for a search warrant and executed it at the residence of defendant Francisco Gastelum, recovering narcotics, an unloaded firearm and bundles of currency. Gastelum moved to quash the warrant and suppress the evidence recovered, arguing the magistrate issued the search warrant without a showing of probable cause. The warrant affidavit was based on a tip from another police department and described an illegal narcotics investigation involving a different suspect that had occurred at least four and one-half months before the detective sought the warrant in this case. The trial court conducted an in camera hearing, during which it reviewed the sealed search warrant, and denied the motion to quash and suppress.
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