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Name: People v. Pressey
Case #: A097336
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 10/16/2002
Subsequent History: none
Summary

A search warrant was issued to search appellant’s home based on the following probable cause: that appellant was arrested during a traffic stop for possession of narcotics, and in the opinion of the arresting officer, people who carry drugs on their person or in their car are likely to have more at home. On appeal, appellant argued that the search warrant should have been quashed. The appellate court here found that probable cause to search the residence of someone suspected of using illegal drugs requires more than an inference or opinion that drugs are likely to be present. However, the court also found that given the dearth of authority directly on point, the officer acted in good faith when he executed the warrant, and therefore suppression was not required. (The court did note that future warrant applications would be reviewed and would have to contend with the decision in this case.)