Can a search warrant be used to search for marijuana and heroin in the bedroom of a defendant who had not consented to a search after his arrest?

California, United States of America


The following excerpt is from People v. Frazier, 139 Cal.Rptr. 573, 71 Cal.App.3d 690 (Cal. App. 1977):

The trial court ruled that the officers' first entry into the bedroom was justified by concern for personal safety. Therefore it refused to suppress the 'plain view' evidence--the heroin on the bed. It found however, as a matter of fact, that defendant had not consented to a search after his arrest; hence it suppressed any evidence 'not in plain view'--clearly the money and the hypodermic kit. (Chimel v. California, 395 U.S. 752, 762--763, 89 S.Ct. 2034, 23 L.Ed.2d 685.) The record does not show whether the court considered the marijuana to be 'plain view' evidence.

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