Crabb

People v. Crabb

Bad Law
191 Cal. App. 3d 390·1987 Cal. App. LEXIS 1613·236 Cal. Rptr. 385
Court of Appeal of CaliforniaApril 24, 1987H001510California2,298 words

Opinion

Opinion

Agliano, J.

Defendant Dennis Albert Crabb appeals from a judgment of conviction for possession of cocaine for sale (Health & Saf. Code, § 11351). The sole issue is whether the defendant was erroneously denied discovery of information contained in police records. Such discovery, defendant contends, might have armed him with evidence with which to challenge the veracity of the affiant for a search warrant and thereupon seek suppression of evidence seized under the warrant. As the instant crime occurred after the enactment of Proposition 8, we look to federal constitutional standards to determine the validity of defendant’s claim (People v. Smith (1983) 34 Cal.3d 251, 258 [ 193 Cal.Rptr. 692 , 667 P.2d 149 ]; In re Lance W. (1985) 37 Cal.3d 873, 886-887 [ 210 Cal.Rptr. 631 , 694 P.2d 744 ]) and decide, primarily in light of the United States Supreme Court’s decision in Franks v. Delaware (1978) 438 U.S. 154 [ 57 L.Ed.2d 667 , 98 S.Ct. 2674 ], defendant was not entitled to such discovery. Accordingly, we affirm the judgment of conviction.

Background

Evidence of defendant’s guilt was obtained under authority of a warrant directing the search of his Monterey home. The warrant was issued…

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