Legal Opinion
People v. Browning
California Court of Appeal
Decided July 11, 1980No. Crim. 10515PublishedCited by 11 opinions
1Opinion of the Court
Opinion
GARDNER, P. J.
The Holding
In this case we hold that a witness to a crime is entitled to the same Fourth Amendment protection afforded the defendant charged with the crime.
An Overview
The facts are really quite simple. The defendant is charged with having shot the victim, not once but several times. Unhappily for all concerned, the bullets remain in the victim’s body. The defendant says that in order to secure a fair trial he wants an order that a doctor chop out these bullets for ballistic examination. No way, says the victim. I have my rights too—Fourth Amendment rights against…
2Cases cited12 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- Rochin v. CaliforniaSupreme Court of the United States · 1952
- Ballard v. Superior Court of San Diego CountyCalifornia Supreme Court · 1966
- In Re FergusonCalifornia Supreme Court · 1971
- People v. ScottCalifornia Supreme Court · 1978
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- People v. MeltonCalifornia Supreme Court · 1988
- State v. RegisterSupreme Court of South Carolina · 1992
- People v. NokesCalifornia Court of Appeal · 1986
- Mendibles v. Superior CourtCalifornia Court of Appeal · 1984
- Shults v. Superior CourtCalifornia Court of Appeal · 1980
6 more not listed; retrieve them via the Exa API.