Does a search warrant affidavit that supports the veracity of an affidavit need to be examined in order to support a third party culpability defense?

California, United States of America


The following excerpt is from People v. Brown, H039502 (Cal. App. 2015):

Defendant contends his discovery request was similar to that made in City of Alhambra v. Superior Court (1988) 205 Cal.App.3d 1118 (City of Alhambra). However, that case did not involve discovery of material relevant to the veracity of a search warrant affidavit. In City of Alhambra, the defendant sought and obtained discovery relevant to a possible third party culpability defense. (See id. at p. 1136.) Moreover, in that case, "the defendant sought a very limited number of specifically described reports which were readily available." (Ibid.) Here, defendant requested an unlimited number of search warrant affidavits in support of a potential attack on the veracity of a search warrant affidavit.

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