Does a defendant have to rely on a prior prior to obtaining a search warrant for search warrants?

California, United States of America


The following excerpt is from People v. Superior Court (Hulbert), 141 Cal.Rptr. 497, 74 Cal.App.3d 407 (Cal. App. 1977):

Defendant's reliance on Machado v. Superior Court, 45 Cal.App.3d 316, 119 Cal.Rptr. 344, is misplaced. That case is distinguishable from the case at bench. In Machado petitioner was present in the residence when the officers entered without complying with the "knock and notice" provisions of Penal Code sections 844 or 1531 and secured the premises for three hours pending the arrival of the search warrant. During that three-hour period, petitioner was confined to a chair in his house.

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