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Last modified: July 11, 2012 5:56pm CDT
Return of Property Reply to Opposition
May 25, 2004 - page 1
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 Page 1 of 7 Defendant's Reply to Oppoosition to Motion for Return of Property
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