People v. Prieto

We shall consider each of appellant’s contentions on appeal: (1) that the police illegally executed a warrant, which purported to grant authority to search appellant’s home during the nighttime; (2) that the court improperly refused to permit appellant to show the falsity of the averments in the affidavit supporting the warrant in that the court incorrectly held that appellant’s failure to pursue sections 1539 and 1540 of the Penal Code precluded him from so doing; (3) that, in any event, the affidavit did not state, as a matter of law, sufficient facts to demonstrate probable cause for the…