People v. Garcia

The search warrant in this case was quashed because the trial court found, as defendant had argued, that the affidavit which supported the application did not state the underlying circumstances which show that the informer knew defendant had cocaine in his home. In the trial court and before us, defendant has argued that the affidavit did not state nor allege any facts from which it could be found that the informer used, tested or by some other way determined that what he had obtained from defendant and what he had seen in his possession was cocaine. The underlying circumstances described in…