Does a police officer's observation of activity within a private residence constitute a search?

California, United States of America


The following excerpt is from The People v. Youngblood, 109 Cal.Rptr.2d 776, 91 Cal.App.4th 66 (Cal. App. 2001):

A private residence is a place in which an "'individual normally expects privacy free of governmental intrusion not authorized by a warrant . . . .' [Citation.]" (People v. Camacho, supra, 23 Cal.4th at p. 831.) Even so, an officer's observations of activities within a residence do not constitute a search and thus do not violate the Fourth Amendment if the officer is in a place he otherwise has the right to be when the observation is made. (Id. at pp. 831-832.)

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