Trial court judgment dismissing the criminal case against defendant is affirmed where: 1) a search warrant failed the test of time as the trial court reasonably found that the affidavit information was stale after an 82 day delay between the date the alleged criminal activity occurred and the issuance of the warrant; and 2) the court properly determined that the good faith exception to the exclusionary rule did not apply as the officer's reliance on the warrant was not objectively reasonable.
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Appellate Information
APPEAL from San Luis Obispo County Superior Court Nos. F407913, F408359.
SECOND APPELLATE DISTRICT, DIVISION SIX
Filed July 28, 2009
Judges
Before: GILBERT, P.J., COFFEE, J., PERREN, J.
Opinion by GILBERT, P.J.
Counsel
For Plaintiff: Gerald T. Shea, District Attorney, Cheryll Manley, Deputy District Attorney.
For Defendant: Sanger & Swysen, Robert M. Sanger, Stephen K. Dunkle.
