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Morongo Valley
Felony Cultivation
Return of Property Reply to Opposition 1
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Return of Property Reply to Opposition
May 25, 2004 - page 1

1 JOHN E. ROTH
Law Offices of the Public Defender
2 By: William B. Sasnett, Jr.
Deputy Public Defender
3 State Bar No. 62633
6527 White Feather Road
4 Joshua Tree, California 92252
Telephone: (760) 366-5789
5
Attorney for Defendant
6 Jeffrey Craig Canada

7

8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

9 IN AND FOR THE COUNTY OF SAN BERNARDINO

10 JOSHUA TREE DISTRICT



12 People of the State of California, ) CASE No. FMB-006414
)
13 Plaintiff, ) REPLY TO OPPOSITION TO
) DEFENDANT'S MOTION FOR
14 ) RETURN OF PROPERTY
vs. )
15 Jeffrey Craig Canada, )
)
16 Defendant, ) Date: May 26, 2004
) Time: 8:30 a.m.
17 ) Place: Department M-2
) Estimate: 15 minutes
18 ___________________________________)

19

20 I.

21 Property seized under an invalid
search warrant must be returned
22

23 The search warrant in this case asserted that the property

24 to be seized "Tends to show that a felony has been committed or

25 that a particular person committed a felony."

26 Aday v. Superior Court (1961) 55 Cal.2d 789, cited by the

27 People, cites Penal Code section 1540, which provides that "[if]

28 there is no probable cause for believing the existence of the

Page 1 of 7
Defendant's Reply to Oppoosition to Motion for Return of Property



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