Can a search warrant be used to search a person's home without the proper search warrant?

California, United States of America


The following excerpt is from People v. Brown, 151 Cal.Rptr. 749, 88 Cal.App.3d 283 (Cal. App. 1979):

7 Moreover, even if the evidence were not as clear as it in fact is, such a finding is clearly implied by the trial court's upholding of the search. (People v. Superior Court (Keithley) (1975) 13 Cal.3d 406, 410, 118 Cal.Rptr. 617, 530 P.2d 585.)

8 Of course an everyday unconstitutional practice would not legitimate otherwise illegal conduct; however, as this court has observed ". . . mankind's common habits in the use of domestic and business property supply a prime measure of the reasonableness of expectations of privacy." (Dean v. Superior Court, supra, 35 Cal.App.3d at p. 117, 110 Cal.Rptr. at p. 589.)

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