People v. Tucci

This is an interlocutory appeal by the People to review an order of the trial court granting defendant’s motion to suppress evidence. We disapprove the ruling.

The defendant operated a business known as the Main Oil Company. On February 10, 1971, he was arrested and charged with theft of state funds by filing false motor fuel tax refund claims. Coincident with the defendant’s arrest, law enforcement officers executed a warrant to search the premises occupied in part by the Main Oil Company and in part by the defendant as his residence.

The items described in the warrant consisted of certain…