United States v. George Vernon Johns, Albert William Haberkorn

ORDER

The memorandum disposition filed May 23, 1988, is hereby redesignated a per cu-riam opinion as attached.

OPINION

Appellants George Johns and Albert Ha-berkorn appeal the district court’s refusal to grant a Franks hearing on the validity of a search warrant and its refusal to grant an evidentiary hearing under United States v. Freitas, 800 F.2d 1451 (9th Cir. 1986). Haberkorn also appeals the district court’s refusal to grant him standing to assert his rights to these hearings. We reverse on all three grounds and remand to the district court.

I.

FACTS AND PROCEEDINGS BELOW

On January 13, 1985, FBI agent John White applied for a search warrant for Unit 39 of the Kernville Mini-Storage in Kernville, California. An affidavit accompanying the request for a search warrant included the following averments: (1) that on January 10, 1985, federal agents “went to Unit 39 and detected no unusual odors emitting from the front of Unit 39,” E.R. at 43; (2) that a reserve deputy of the Kern County Sheriff’s Office was renting Units 10 and 11 at the Kernville Mini-Storage; (3) that on January 12, 1985, the reserve deputy, Bray, and an investigator of the Kern County Sheriff’s Office,…

concurring in part and dissenting in part:

I concur except as to the last paragraph. I would remand to the district court to determine whether Haberkorn has standing under the standards we are enunciating.

851 F.2d 1131 UNITED STATES of America, Plaintiff-Appellee, v. George Vernon JOHNS, Albert William Haberkorn, Defendants-Appellants. Nos. 87-1031, 87-1069. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 16, 1988. Memorandum May 23, 1988. Order and Opinion July 15, 1988. Roger Hanson, Santa Ana, Cal., Paul B. Meltzer, Lisa M. Martin, Santa Cruz, Cal., for defendants-appellants. John K. Vincent, Asst. U.S. Atty., Fresno, Cal., for plaintiff-appellee. Appeal from the United States District Court for the Eastern District of California. Before SNEED, HALL and NOONAN, Circuit Judges. ORDER The memorandum disposition filed May 23, 1988, is hereby redesignated a per curiam opinion as attached. OPINION PER CURIAM: 1 Appellants George Johns and Albert Haberkorn appeal the district court's refusal to grant a Franks hearing on the validity of a search warrant and its refusal to grant an evidentiary hearing under United States v. Freitas, 800 F.2d 1451 (9th Cir.1986). Haberkorn also appeals the district court's refusal to grant him standing to assert his rights to these hearings. We reverse on all three grounds and remand to the district court. I. FACTS AND…