palmspringsbum - Felony Cultivation Return of Property Reply to Opposition


 1   JOHN E. ROTH
     Law Offices of the Public Defender
 2   By: William B. Sasnett, Jr.
     Deputy Public Defender
 3   State Bar No. 62633
     6527 White Feather Road
 4   Joshua Tree, California 92252
     Telephone: (760) 366-5789
 5   
     Attorney for Defendant
 6   Jeffrey Craig Canada
 
 7   
 
 8          IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
 
 9              IN AND FOR THE COUNTY OF SAN BERNARDINO
 
 10                      JOSHUA TREE DISTRICT
 
 
 
 12  People of the State of California, )      CASE No. FMB-006414
                                        )
 13                      Plaintiff,     )      REPLY TO OPPOSITION TO
                                        )      DEFENDANT'S MOTION FOR
 14                                     )      RETURN OF PROPERTY
          vs.                           )
 15  Jeffrey Craig Canada,              )
                                        )
 16                      Defendant,     )      Date:  May 26, 2004
                                        )      Time:  8:30 a.m.
 17                                     )      Place:  Department M-2
                                        )      Estimate:  15 minutes
 18  ___________________________________)
                         
 19  
                         
 20                               I.
                         
 21                Property seized under an invalid
                    search warrant must be returned
 22  
                         
 23        The search warrant in this case asserted that the property
                         
 24  to be seized "Tends to show that a felony has been committed or
                         
 25  that a particular person committed a felony."
                         
 26       Aday v. Superior Court (1961) 55 Cal.2d 789, cited by the
                         
 27  People, cites Penal Code section 1540, which provides that "[if]
                         
 28  there is no probable cause for believing the existence of the
 
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 Defendant's Reply to Oppoosition to Motion for Return of Property