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Name: People v. Lim
Case #: C034940
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 01/03/2001
Subsequent History: Review denied 4/11/01
Summary

The trial court erred in granting the defendant’s suppression motion. Based on the totality of the affidavit in support of the warrant, even if it failed to establish probable cause, it was not so lacking in indicia of probable cause that it would be entirely unreasonable for an officer to believe that such cause existed. Accordingly, United States v. Leon (1984) 468 U.S. 897, applies and the search executed under the authority of the warrant did not violate defendant’s Fourth Amendment rights. The appellate court explicitly found the trial court erred in finding that Leon did not apply because the affiant left out facts that would have supported a probable cause finding.