Price v. Superior Court
Annotate this CaseDefendant Ahmad Raheem Price petitioned for a writ of prohibition, directing the superior court to grant his motion to set aside the information charging him with the 2019 first degree, premeditated murder of Jovany R., and unlawfully possessing a firearm on the same day. The information further alleged Price personally and intentionally discharged a firearm causing the death in count 1, and that Price had two prior serious felony convictions and two prior strikes. At the preliminary hearing and as part of his section 995 motion to set aside the information, Price moved to quash, traverse, and suppress all evidence obtained pursuant to 11 search warrants for electronic information, including a geofence warrant to Google, LLC (Google). In the suppression motion, Price claimed that the geofence warrant and several of the other 10 warrants for electronic information: (1) failed to satisfy the Fourth Amendment’s probable cause and particularity requirements; (2) had to be traversed based on material factual omissions in their affidavits; and (3) violated the particularity and notice requirements of the California Electronic Communications Privacy Act (CalECPA). Price also moved to suppress evidence that the gun used in the shooting was found in Price’s vehicle during a January 2020 parole search. Price claimed that the gun evidence was fruit of Price’s unlawful detention for being lawfully parked on a private driveway. The suppression motion was denied in its entirety. In the writ petition to the Court of Appeal, Price renewed his arguments made to the magistrate court. In the published portion of its opinion, the Court of Appeal concluded the geofence warrant satisfied the probable cause and particularity requirements of the Fourth Amendment and was not overbroad; the good faith exception to the warrant requirement precludes the suppression of the geofence warrant evidence and its fruits, even if the geofence warrant was invalid under the Fourth Amendment; and CalECPA did not require the suppression of the geofence warrant evidence despite the government’s violation of CalECPA’s notice provisions. In the unpublished portion, the Court rejected Price’s claims concerning the other 10 warrants and the gun evidence.
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