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· 9/22/1891

Howell v. Budd

Citations

  • 91 Cal. 342
  • 27 P. 747
  • 1891 Cal. LEXIS 1092

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that the statute allowing for suppression of evidence when \the warrant was illegally executed\ might apply to violations of the knock-and-announce rule, but possibly only to violations accompanied by force, and remanding for consideration of the force used during entry
  • “The degree of the description’s specificity [in the search warrant] is flexible and will vary with the circumstances involved.”
  • “[I]t is incumbent upon this Court to inquire into its own jurisdiction even when not contested by the parties.”
  • “Obviously, conspiring to commit an act that is not a crime is not criminalized by our conspiracy statute[.]” (citation omitted)
  • evidence showed that judge who signed underlying order was acting pursuant to assignment order that had expired, and judge who signed certificate was now “the trial judge” for purposes of OCGA § 5-6-34 (b)
  • evidence showed that judge who signed underlying order was acting pursuant to an assignment order that had expired, and judge who signed certificate was now “the trial judge” for the purpose of OCGA § 5-34 (b)

Source: CourtListener parenthetical corpus (CC0).

Judges: Garoutte

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.