Legal Opinion
People v. Box
California Court of Appeal
Decided March 16, 1993No. F016711PublishedCited by 4 opinions
1Opinion of the Court
Opinion
VARTABEDIAN, Acting P. J.
Appellant Donald Alan Box raises the narrow issue of whether the trial court erred in failing to permit an evidentiary hearing in accordance with Franks v. Delaware (1978) 438 U.S. 154 [57 L.Ed.2d 667, 98 S.Ct. 2674], We conclude appellant failed to make a substantial showing of deliberate or reckless falsification by law enforcement in the search warrant affidavit, and therefore no further hearing was required. We affirm the judgment.
General Background
On November 30, 1990, acting pursuant to the search warrant at issue in this case, law enforcement officers…
2Cases cited6 opinions
- Franks v. DelawareSupreme Court of the United States · 1978
- People v. LeybaCalifornia Supreme Court · 1981
- United States v. George Vernon Johns, Albert William HaberkornCourt of Appeals for the Ninth Circuit · 1988
- People v. LuttenbergerCalifornia Supreme Court · 1990
- People v. SandlinCalifornia Court of Appeal · 1991
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3Cited by4 opinions
- People v. BellCalifornia Court of Appeal · 1996
- People v. EidCalifornia Court of Appeal · 1994
- People v. BenjaminCalifornia Court of Appeal · 1999
- Donald Alan Box v. Otis ThurmanCourt of Appeals for the Ninth Circuit · 1995