Martinisko v. Superior Court CA3
Law enforcement officers executed a search warrant at the residence of defendant Tannere Michael Martinisko and obtained evidence of the sale and cultivation of marijuana. The Trinity County Superior Court denied defendant’s motion to suppress the evidence.
Defendant now seeks a writ of mandate directing the trial court to vacate its order, contending (1) the affidavit in support of the warrant did not establish probable cause to search his home, (2) the good faith exception does not apply, and (3) the affiant substantially misled the magistrate.
We will deny the petition for writ of mandate. The affidavit provided sufficient evidence from which the magistrate could find probable cause to search defendant’s home, and the affiant did not mislead the magistrate.
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