People v. Watson

Opinion

FRANSON, J.

Appellant appeals from a judgment of conviction of unlawful possession of marijuana, following denial of a Penal Code section 1538.5 motion to suppress evidence. The sole issue is whether “good cause” was shown to the magistrate to support a direction for night service of a search warrant as authorized by Penal Code section 1533. We hold under the circumstances of this case that good cause was not shown. We also define the proper standard to be used by a magistrate in determining the existence of good cause for night service of a search warrant. Finally, we hold that the…