Sternberg v. Superior Court

Opinion

SIMS, J.

Petitioner seeks a writ, under the provisions of subdivision (i) of section 1538.5 of the Penal Code, commanding the trial court to grant his motion for the return of property and for the suppression of evidence seized under the authority of a purported search warrant which the magistrate admittedly forgot to sign but delivered to the levying officers after reviewing, approving and signing the affidavit offered in support of the issuance of the warrant. He contends the unsigned warrant conferred no authority for resulting searches and seizures, and that therefore the allegedly…