People v. Heslington

Opinion

IKOLA, J.

The People charged defendant Brian David Heslington with possession of controlled substances and a weapon found during a search of his home pursuant to a warrant. Prior to trial defendant moved to quash and traverse the search warrant and suppress the evidence. Because the affidavit that supported the search warrant was partially sealed, the court, in considering defendant’s suppression motions, tried to comply with People v. Hobbs (1994) 7 Cal.4th 948 [30 Cal.Rptr.2d 651, 873 P.2d 1246] (Hobbs). But the court misapplied the Hobbs procedure and granted defendant’s suppression…