P. v. Pulliam CA2/5
B244795
Cal. Ct. App.Jun 24, 2013Background
- Pulliam was charged with possession of an assault weapon (counts 1 and 2); he pled no contest to count 1 and count 2 was dismissed, with a three-year formal probation.
- Misty Pulliam reported a threatening call from defendant, providing a recording and stating the call originated from a 760 area code; she identified the caller as defendant.
- Misty produced 14 pages of gun photographs printed from the family computer, and testified she saw guns in the home; there were prior domestic violence calls to the home.
- Officer Callaghan prepared a search-warrant affidavit based on Misty’s statements; Corporal Suess’s recollection differed, including alleged trafficking and the area-code assertion.
- The warrant, signed by Judge Lopez-Giss, led to the discovery of assault weapons including a TEC-9 and an Uzi at the home.
- Defendant moved to traverse the warrant; the trial court denied it; on appeal the court held the misstatements did not negate probable cause and affirmed the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether misstatements in the affidavit vitiate probable cause | People contend remaining facts still show probable cause | Pulliam argues misstatements undermine probable cause | No; probable cause remains despite excising misstatements |
| Whether stale information undermines the probable cause finding | Mistyd’s gun photos and home evidence were timely | Information was stale | Staleness rejected; information about a year old still supports probable cause given ongoing weapon possession |
| Whether mischaracterization of activities as trafficking negates existence of guns | Trafficking label not fatal to evidentiary basis | Trafficking characterization was incorrect | Trafficking mislabeling does not negate evidence that guns were in the home |
Key Cases Cited
- People v. Hobbs, 7 Cal.4th 948 (1994) (standard for traversing a warrant; prob. cause review is deferential to magistrate)
- People v. Thuss, 107 Cal.App.4th 221 (2003) (Franks-based traverse procedure and burden)
- People v. Mikesell, 46 Cal.App.4th 1711 (1996) (staleness and continuing criminal activity considerations)
- People v. Campa, 36 Cal.3d 870 (1984) (scope of review of suppression rulings; Gates standard)
- Illinois v. Gates, 462 U.S. 213 (1983) (probable cause standard; totality of circumstances)
- Franks v. Delaware, 438 U.S. 154 (1978) ( Franks hearing when alleging false statements in warrant affidavits)