People v. Ruiz

Opinion

SPARKS, J.

The question in this appeal is whether the good faith exception to the exclusionary rule set forth in United States v. Leon (1984) 468 U.S. 897 [82 L.Ed.2d 677, 104 S.Ct. 3405], applies to a search warrant issued in violation of the rule in People v. Fleming (1981) 29 Cal.3d 698 [175 Cal.Rptr. 604, 631 P.2d 38], dealing with out-of-county search warrants. In Fleming, the court held that California law permits “an out-of-county warrant whenever the magistrate finds probable cause to believe that defendant has committed a crime within the issuing county and consequently will…