Can a search of a defendant's home and the search of his car be conducted without a warrant?

California, United States of America


The following excerpt is from People v. Williams, 11 Cal.Rptr. 43, 189 Cal.App.2d 29 (Cal. App. 1961):

The entries by the officers into defendant's apartment and the search of Cain's automobile were made without a warrant. It is claimed the searches were illegal. The point [189 Cal.App.2d 38] has no merit. Prior to entering the apartment the officers had reasonable cause to believe defendant and Cain had committed a felony and to arrest them. People v. Vice, 147 Cal.App.2d 269, 274, 305 P.2d 270. The fact that the searches preceded the arrest is of no consequence. People v. Luna, 155 Cal.App.2d 493, 494-495, 318 P.2d 116. Further, the officers obtained the key to the apartment from the manager of the apartment house before entering. In People v. Gorg, 45 Cal.2d 776, 291 P.2d 469, 473, it was held that whether the defendant was in fact a tenant, servant or guest of the owner, the latter had a right to authorize a search when he believed he had at least joint control of the premises; that under such circumstances, the officers were justified in concluding that the owner had the authority he purported to have, and hence there was nothing unreasonable in the officers acting accordingly. The court concluded that the evidence obtained under such circumstances '* * * cannot be excluded merely because the officers may have made a reasonable mistake as to the extent of the owner's authority.' This conclusion was quoted with approval in the later case of People v. Caritativo, 46 Cal.2d 68, 73, 292 P.2d 513. The officers were warranted in believing the manager had a right to authorize their entry into the apartment. The searches were legal.

Other Questions


Can a search of an automobile without a warrant be conducted without obtaining a search warrant? (California, United States of America)
Does the affidavit supporting a search warrant invalidate the search warrant for a home searched for a stolen gun after the original warrant was issued? (California, United States of America)
When a search and/or seizure is conducted without a warrant, what is the test for obtaining a search warrant? (California, United States of America)
Does the exclusionary rule apply when an officer acting with objective good faith has obtained a search warrant for the search warrant under the Golden Gate Drive search warrant? (California, United States of America)
What is the test for obtaining a search warrant for a search conducted without a warrant? (California, United States of America)
Does the assumption that evidence sufficient to warrant a search warrant justify the officers in making a search without a warrant justify their actions? (California, United States of America)
Is a search made under warrant valid if the search was conducted in accordance with the search warrant? (California, United States of America)
If a search warrant authorizes a search, can the warrant authorizations to search the bag be added to the warrant? (California, United States of America)
Does a police officer who entered a Defendant's home without a warrant violate section 844 of the California Criminal Code when he entered without a search warrant? (California, United States of America)
Does the search warrant for "any vehicles" provision in the first warrant for a search warrant apply to a vehicle search? (California, United States of America)
X



Whitelogo nobg 300dpi sm


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.