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Name: People v. Garcia
Case #: B159701
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 08/26/2003
Subsequent History: Rhrg. denied 9/16/03

Police officers obtained a search warrant for a business that was open to the public, based on sales of methamphetamine from the business by someone who was neither an owner nor an employee. The appellate court here found that the search warrant was facially invalid: when a search warrant for a public business is based on sale of controlled substances by someone who is neither an owner nor employee, the affidavit submitted in support of the warrant must establish probable cause to believe controlled substances will be found at the business establishment. Sale of controlled substances alone is insufficient, because there is no probable cause to believe that the substances are stored at the business establishment rather than in the possession of the target. However, here, since the police relied in good faith on the warrant, the search was affirmed.