People v. Mahcinelli

In this motion to suppress on the ground that the evidence was seized without a valid search warrant, defendant’s main contentions are (1) that the warrant was improperly issued inasmuch as the affidavit upon which the warrant was based was taken before a notary public in violation of section 794 of the Code of Criminal Procedure and (2) that the affidavit supporting the warrant was insufficient.

The court will first deal with the question of the sufficiency of the warrant to determine whether before issuance of the warrant 11 probable cause” was shown to the issuing Magistrate as required by…