Can a search warrant be used to seize a stolen vehicle because of the serious problem of trafficking in stolen vehicles?

California, United States of America


The following excerpt is from Hughes v. Neth, 146 Cal.Rptr. 37, 80 Cal.App.3d 952 (Cal. App. 1978):

Respondent has argued that the serious problem of trafficking in stolen vehicles is sufficient to forego a notice and hearing requirement. Notwithstanding a judicial notice that our society is overburdened with thieves and burglars and notwithstanding that newspapers and radio stations editorialize on this subject, the respondent has failed to show the [80 Cal.App.3d 960] extraordinary situation demanded in Fuentes v. Shevin, supra, 407 U.S. 67, 92 S.Ct. 1983, 32 L.Ed.2d 556. If respondent's argument was persuasive on these facts, there would be little reason why other constitutional requirements such as probable cause for searches should not also succumb to the expedient of unusual circumstances.

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