Can the information obtained during a protective sweep be used as evidence for a search warrant?
California, United States of America
The following excerpt is from People v. Franco, 2d Crim. No. B191932 (Cal. App. 9/12/2007), 2d Crim. No. B191932 (Cal. App. 2007):
Because the protective sweep was unlawful, the information obtained during the sweep cannot support the warrant. (See People v. Ormonde (2006) 143 Cal.App.4th 282.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
If a search warrant is obtained to search a house for shoes and/or clothes in connection with 5/9 Brims gang colors, is the search warrant supported by other lawfully obtained information? (California, United States of America)
Does the exclusionary rule apply when an officer acting with objective good faith has obtained a search warrant for the search warrant under the Golden Gate Drive search warrant? (California, United States of America)
What is the test for obtaining a warrant for a search warrant when the information from a warrantless search has been excised? (California, United States of America)
If a search warrant authorizes a search, can the warrant authorizations to search the bag be added to the warrant? (California, United States of America)
Can a search warrant be obtained prior to obtaining the search warrant? (California, United States of America)
Does the affidavit supporting a search warrant invalidate the search warrant for a home searched for a stolen gun after the original warrant was issued? (California, United States of America)
If a tainted warrant affidavit is amended to remove tainted evidence from the warrant affidavit at issue, is the warrant sufficient to suppress evidence seized pursuant to the warrant? (California, United States of America)
When can the police obtain a search warrant to search a house without obtaining a warrant? (California, United States of America)
If a search warrant was obtained during a search and seizure of a shotgun, would the search warrant be invalid as fruit of the poisonous tree? (California, United States of America)
Does the assumption that evidence sufficient to warrant a search warrant justify the officers in making a search without a warrant justify their actions? (California, United States of America)
