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Name: People v. Gottfried
Case #: H021456
Court: CA Court of Appeal
District 6 DCA
Citation: 107 Cal.App.4th 254
Summary

A search warrant authorizing the use of a thermal imaging device to scan appellant’s residence was issued without probable cause where the affiant failed to directly establish the veracity or basis of knowledge of the anonymous informant, and corroboration could not be obtained. A reasonable police officer would have known that the affidavit failed to establish probable cause, and therefore the officer could not have reasonably relied on the warrant to search appellant’s residence. The good faith exception therefore does not apply, and the denial of appellant’s suppression motion was reversed.

Opinion Date: 03/21/2003