People v. Rojas

Defendant was charged by information with unlawful use of weapon by a felon. Court properly found search warrant lacked probable cause to search Defendant's residence. As to Defendant's address on complaint, evidence of probable cause was only intercepted phone conversations suggesting criminal activity on one day, but do not indicate location. Evidence of his drug activity was minimal, and no direct evidence tying this activity to his home. Thus, no substantial basis to find probable cause to search Defendant's residence. (FITZGERALD SMITH, concurring.)