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Name: People v. Estrada
Case #: B157663
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 01/23/2003
Subsequent History: none
Summary

Appellant was convicted of possession of cocaine for sale, following the denial of his suppression motion. The evidence of the offense was seized from appellant’s apartment following a search pursuant to a search warrant. The warrant was issued based, in part, upon information provided by a confidential informant. On appeal, appellant argued that he was entitled to have the trial court conduct an in-camera hearing concerning the search warrant allegations. Here, the appellate court reversed and remanded for a hearing. Appellant’s blanket denial of culpability was sufficient to “cast some reasonable doubt” on the affiant’s veracity within the meaning of People v. Luttenberger (1990) 50 Cal.3d 1. The trial court did not have the discretion to deny the discovery motion because no “substantial preliminary showing” had been made.