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PEOPLE v. LUTTENBERGER

Docket No. S006001.

50 Cal.3d 1 (1990)

784 P.2d 633

265 Cal. Rptr. 690

THE PEOPLE, Plaintiff and Appellant, v. GEORGE LUTTENBERGER, Defendant and Respondent.

Supreme Court of California.

January 18, 1990.

Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, John H. Sugiyama, Assistant Attorney General, Martin S. Kaye, Clifford K. Thompson, Jr., and Ronald S. Matthias, Deputy Attorneys General, for Plaintiff and Appellant.

John J. Meehan, District Attorney (Alameda), Thomas J. Orloff, William M. Baldwin, Assistant District Attorneys, Sandra L. Quist, Deputy District Attorney, Ronald A. Zumbrun, Anthony T. Caso, Kent S. Scheidegger, Charles L. Hobson, Kathryn Canlis, Acting District Attorney (Sacramento), and Albert C. Locher, Deputy District Attorney, as Amici Curiae on behalf of Plaintiff and Appellant.

Patrick R. Murphy and Charles H. James, Public Defenders, under appointment by the Supreme Court, David C. Coleman III, Assistant Public Defender, and Sarah B. Wilner, Deputy Public Defender, for Defendant and Respondent.

Garcia & Schnayerson, Philip A. Schnayerson, Joseph E. Mockus, Rose & Arnold, Ronald Rose, John Wadsworth and Linda F. Robertson as Amici Curiae on behalf of Defendant and Respondent.

OPINION

LUCAS, C.J.

In this case we determine the circumstances under which a criminal defendant may obtain discovery of information in police possession regarding a confidential informant, for purposes of challenging the accuracy of statements made in an affidavit in support of a search warrant. (1) (See fn. 1.) Among other issues, we are asked to decide whether the discovery procedure approved in People v.

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