Docket No. Crim. 19804.

22 Cal.3d 67 (1978)

583 P.2d 130

148 Cal. Rptr. 605

THE PEOPLE, Plaintiff and Respondent, v. DANIEL GARY COOK, Defendant and Appellant.

Supreme Court of California.

September 8, 1978.

Attorney(s) appearing for the Case


Carsel & Carsel and Richard A. Carsel for Defendant and Appellant.

Barry Tarlow, Robert C. Moest and Eric S. Multhaup as Amici Curiae on behalf of Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, William R. Pounders and Michael Nash, Deputy Attorneys General, for Plaintiff and Respondent.

D. Lowell Jensen, District Attorney (Alameda), John J. Meehan, Assistant District Attorney, and James M. Lee, Deputy District Attorney, as Amici Curiae on behalf of Plaintiff and Respondent.



In Theodor v. Superior Court (1972) 8 Cal.3d 77, 100-101 [104 Cal.Rptr. 226, 501 P.2d 234], we held that "pursuant to a motion under Penal Code section 1538.5, a defendant may challenge the factual veracity of an affidavit in support of a [search] warrant and if statements contained therein...

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