Legal Opinion
People v. Tockgo
California Court of Appeal
Decided August 2, 1983No. Crim. 43972PublishedCited by 13 opinions
1Opinion of the Court
Opinion
JOHNSON, J.
Challenging the sufficiency of a warrant for the seizure of stolen property, defendant appeals from an order denying his motion to suppress (Pen. Code, § 1538.5, subds. (a) and (j)). We transferred the appeal under rule 62(a), California Rules of Court. At issue is the sufficiency of the description of the property to be seized. We find the search warrant on its face fails to “particularly describe” the property to be seized. We further find this failure is neither excused nor cured by the several theories advanced by the prosecution.
I. Facts and Proceedings Below
The search…
2Cases cited26 opinions
- Illinois v. GatesSupreme Court of the United States · 1983
- Spinelli v. United StatesSupreme Court of the United States · 1969
- Marron v. United StatesSupreme Court of the United States · 1927
- People v. HillCalifornia Supreme Court · 1974
- People v. DeVaughnCalifornia Supreme Court · 1977
21 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- People v. FrankCalifornia Supreme Court · 1985
- People v. RobinsonCalifornia Supreme Court · 2010
- People v. MacAvoyCalifornia Court of Appeal · 1984
- People v. SmithCalifornia Court of Appeal · 1986
- Sadie v. StateCourt of Criminal Appeals of Alabama · 1986
8 more not listed; retrieve them via the Exa API.