P. v. Delgado
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Defendant was a known gang member. While police officers were surveying Defendant's home, they observed what they believed to be a narcotics transition as Defendant handed an unknown package to the occupants of a vehicle. The officers stopped the vehicle containing the alleged buyers, recovering cash, narcotics, and illegal firearms. Officers then obtained a warrant to search Defendant's home. Police recovered a cell phone containing videos of Defendant ordering the assaults of minors so they could be "jumped" into his gang. The trial court denied Defendant's motion to suppress and Defendant pleaded no contest to one count of assault by means of force likely to produce great bodily injury and two counts of solicitation or recruitment of another person to participate in a criminal gang.
The Second Appellate affirmed the district court's denial of Defendant's motion to suppress, finding that the warrant relied upon to search Defendant's home established probable cause. The warrant affidavit supports the officers' belief that they had witnessed a narcotics or illegal weapons transaction. The visit was three to five minutes long and was consistent with a pick-up or drop-off. Additionally, the location was a known gang hangout.
The court also rejected Defendant's claim that the warrant affidavit was stale because it omitted the dates of Defendant's prior convictions. The dates of Defendant's convictions were immaterial based on the other evidence of Defendant's gang membership.
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