If a search warrant is obtained to search a house for shoes and/or clothes in connection with 5/9 Brims gang colors, is the search warrant supported by other lawfully obtained information?

California, United States of America


The following excerpt is from People v. Guillory, D066228 (Cal. App. 2015):

Even if the affidavit's reference to 5/9 Brims gang colors in connection with shoes and/or clothes was the result of the police's alleged unlawful security sweep of the home, as defendant contends, we independently conclude that the search warrant was supported by other lawfully-obtained information to establish probable cause. (See People v. Little (2012) 206 Cal.App.4th 1364, 1371-1372 [noting that to "determine the existence of probable cause, [a court] consider[s] whether under the totality of the circumstances, 'there is a fair probability that contraband or evidence of a crime will be found in a particular place' "].)

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