P. v. McKinney CA5
Defendant Micah Andrew McKinney was charged with unlawful possession of a firearm (Pen. Code, § 29800, subd. (a)(1); count 1) and ammunition (§ 30305, subd. (a)(1); count 2), possession of marijuana for sale (Health & Saf. Code, § 11359; count 3) and simple possession of marijuana (Health & Saf. Code, § 11357, subd. (c); count 4). A jury convicted defendant of counts 3 and 4. The trial court sentenced defendant to three years of formal probation for count 3 upon the condition he serve one year in county jail, and the court dismissed count 4 in the interests of justice.
On appeal, defendant challenges the trial court’s ruling denying his motion to suppress. Defendant contends (1) there was not probable cause to support a search of his home and cellular phone for evidence of firearm and ammunition possession, (2) there was not probable cause to support a search of his home and cellular phone for evidence of drug trafficking, (3) the good faith exception to the warrant require
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