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Prosecutor: Redacted search warrants 'entirely lawful'

22 indicted in SDPD operation targeting Mike's Market in Mountain View.

SAN DIEGO — Charges in a 221-count grand jury indictment were announced Monday regarding a Mountain View grocery store which officials say became a haven for alleged violent and drug-related criminal activity .

Police and prosecutors say employees at Mike's Market on Ocean View Boulevard were working directly with gang members to facilitate drug sales, which were funded through major food assistance benefit fraud allegedly taking place at the store.

Deputy District Attorney Robert Hickey said that amid an investigation that began this summer into criminal activity at the market, “What became clear was that this business was not a neighborhood grocery store at all.  Instead, it was a place where employees were committing massive fraud, stealing nearly $2 million in food assistance benefits for themselves, money meant to help food-insecure residents.”

Prosecutors said people used their food assistance cards at the store and a portion of the money they received went to the market employees. The rest
was used to buy drugs from gang members at the store.

The DA reviewed arrest and search warrants used by officers to raid homes looking for the indicted individuals.

Last week, SDPD officers and FBI agents raided a home on Kempton Street in Spring Valley with four children inside, but did not find the man they wanted to arrest.

When the homeowner asked to see a copy of the search warrant, officers left paperwork with the address to be searched completely redacted.

Credit: CBS 8
Redacted search warrant served in Spring Valley on Oct. 27, 2022

“My understanding is that those warrants were provided to the individuals that were at that location, albeit in a sealed fashion, and that is entirely lawful and consistent with what the judge's orders allow,” said Deputy District Attorney Miriam Hemming.

WATCH: Deputy District Attorney Miriam Hemming responds to questions about SDPD officers and FBI agents raiding homes with redacted search warrants:

The prosecutor said there was no requirement under state law to give residents a copy of the search warrant specifying the address to be searched.

However, if officers seize property, they do have to give the homeowner a list of the items they took. It's up to the officers to make sure they raid the correct address.

“If law enforcement targets the wrong location, then there's a remedy in court. There are motions that defense attorneys can file. But the onus is on law enforcement to make sure that they go to the right location, and that's their responsibility in every case,” said Hemming.

The indictment charges 22 people, nearly all of whom were arraigned Monday.

WATCH RELATED: San Diego officers raid homes with redacted search warrants (Oct. 2022).

 
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