Barnum

People v. Barnum

Good Law
113 Cal. App. 3d 340·169 Cal. Rptr. 840·1980 Cal. App. LEXIS 2548
Court of Appeal of CaliforniaDecember 16, 1980Crim. 20215California2,486 words

Opinion

Opinion

Kroninger, J.

Appellant was found guilty of attempted murder, stipulated to be of the first degree on his plea of nolo contendere, and was sentenced to five years in prison, the lower term specified by Penal Code section 664.

Search Warrant

He first contends that evidence seized pursuant to a search warrant should have been suppressed because the underlying affidavit did not establish probable cause for believing that he was guilty of having committed any offense or that the items sought would be found in his residence or vehicle and, further, because the warrant was unconstitutionally overbroad.

The seven-page affidavit for search warrant submitted to the United States District Court, Northern District, California, contained the fol lowing allegations of a United States postal inspector. On August 29, 1977, United States postal inspectors assumed responsibility for investigation of an explosion that day at the offices of the Geography Department at California State University at Hayward (CSUH). A package, addressed to Dr. John A. Vann of that department, had exploded upon opening. Dr. Vann sustained minor injury. The package had apparently been mailed from Berkeley, three days…

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