MORRIS v. SUPERIOR COURT

Docket No. 2789.

57 Cal.App.3d 521 (1976)

129 Cal. Rptr. 238

KARL STEPHAN MORRIS, Petitioner, v. THE SUPERIOR COURT OF MERCED COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Fifth District.

April 21, 1976.


Attorney(s) appearing for the Case

COUNSEL

John W. Ellery, Public Defender, and James M. Barnett, Deputy Public Defender, for Petitioner.

No appearance for Respondent.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Eddie T. Keller, Charles P. Just and Nancy L. Sweet, Deputy Attorneys General, for Real Party in Interest.


OPINION

GARGANO, J.

(1a) The question presented in this proceeding is of constitutional dimensions; it is whether evidence adduced through the execution of a search warrant must be suppressed if the officer who procured the warrant intentionally withheld factual information from his supporting affidavit. We have concluded that the integrity of the judicial system must be preserved no matter how painful the result may...

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