Can a search warrant be obtained based on observation in an apartment by a police officer?
California, United States of America
The following excerpt is from People v. Carswell, 149 Cal.App.2d 395, 308 P.2d 852 (Cal. App. 1957):
'It is, of course, settled that if the conduct of the officers in entering or searching was unlawful, the search warrant subsequently obtained based on their observation in the apartment was invalid.' People v. Roberts, 47 Cal.2d 374, 303 P.2d 721, 722. It must also be noted that the People do not contend that the entry into the building was made with relation to any arrest or that there was any probable cause for an arrest or search.
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