People v. Fleming

In People v. Fleming (1994) 22 Cal.App.4th 1566, the defendant was placed on drug diversion with a search condition. An officer, knowing of the search condition and having it confirmed by the defendant, searched the defendant's residence and found methamphetamine. (People v. Fleming, supra, 22 Cal.App.4th at pp. 1568-1569.) Although the Court of Appeal found the search condition invalid, it refused to suppress the evidence, finding that the good faith exception to the exclusionary rule was applicable because the source of the error was the magistrate, not the police. (Id. at pp. 1572-1574.)