Can a search warrant be used to question whether there was evidence of a recent spate of recent local robberies?

California, United States of America


The following excerpt is from Williams v. Superior Court, 168 Cal.App.3d 349, 213 Cal.Rptr. 919 (Cal. App. 1985):

We agree with petitioners that the facts known to the arresting officer did not support an objectively reasonable suspicion of petitioners' involvement in recent local robberies. Accordingly, there was no justification for prolonging the detention or for the eventual request for consent to search petitioners' vehicle. Because the cocaine and firearms seized in the search are the sole evidence of the charged felonies, there was insufficient evidence to commit petitioners. (People v. Leyba (1981) 29 Cal.3d 591, 598, fn. 4, 174 Cal.Rptr. 867, 629 P.2d 961.)

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