P. v. Hineman CA5
Pursuant to Penal Code section 1238, subdivision (a)(7), the People appeal from an order dismissing the underlying case after the superior court granted codefendants Bryan and Zackary Hineman’s pretrial motion to quash a search warrant and suppress evidence (Pen. Code, § 1538.5). The People contend the court erred in granting the defendants’ motion because (1) there was sufficient probable cause to justify issuance of the warrant on its face and (2) the court erred by finding the affiant had made a misrepresentation without following the procedure set forth in Franks v. Delaware (1978) 438 U.S. 154 (Franks). We reverse the superior court’s orders dismissing the case and granting defendants’ motion to quash the search warrant and suppress evidence and remand for further proceedings.
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