People v. Luttenberger

I dissent.

The majority opinion rightly concludes that matters of criminal discovery do not fall within the scope of the Proposition 8 mandate that California law on the exclusion of evidence not exceed federal constitutional protections. The majority further conclude correctly that even if Proposition 8 did apply, the liberal rule for discovering information about confidential informants announced in People v. Rivas (1985) 170 Cal.App.3d 312 [216 Cal.Rptr. 477], does not conflict with the standards for obtaining an evidentiary hearing to challenge a warrant set forth in Franks v. Delaware…