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Name: People v. Galland
Case #: G034189
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 12/28/2006
Subsequent History: 4/18/07 Review Granted: S149890

From the moment the magistrate reads the search warrant and the entire original affidavit of probable cause, the documents become court documents subject to the pertinent Government Code sections requiring that they be filed with clerk of the court and maintained for the specified period of time. In this case, in the second appeal of this case concerning the denial of a motion to quash and traverse and suppress evidence, the appellate record revealed that the original affidavit was divided into three sections with one section sealed and filed with the superior court, the second section sealed and retained for storage at the police department, and the third being discovered in a sealed envelope during proceedings in the trial court pursuant to the appellate court’s direction to authenticate. The section retained by the police department was the one stating the basis for the belief that a search of appellant’s house, etc, would reveal evidence of a crime. At some point, the document was purged/destroyed. The origin of the third section was not determined. By not requiring that the entire affidavit be filed with the court clerk, the trial court failed to assure the existence of a record adequate for appellate review and appellant consequently was denied due process of law. Accordingly, the trial court’s denial of the motion to quash and traverse and suppress was ordered reversed and the matter remanded to permit appellant to withdraw his guilty plea.