People v. Zepeda

Opinion

PARAS, J.

This appeal follows the guilty plea of defendant Zepeda to burglary (Pen. Code, § 459), after the trial court denied his Penal Code section 1538.5 motion. Defendant sought to suppress evidence taken from his residence pursuant to a search warrant. He challenges the warrant on two grounds, insufficient indicia of reliability to permit reliance on an informant, and execution of the warrant after 10 p.m.

At 6:40 p.m. on October 31, 1978, Officer Arden obtained the warrant from Judge Kim of the San Joaquin County Municipal Court. It was indorsed for night service and specified the…