Does a request for a search warrant need to be issued to an outpatient who is in a mental health condition?
California, United States of America
The following excerpt is from People v. Superior Court (Stevens), 117 Cal.Rptr. 433, 12 Cal.3d 858, 528 P.2d 41 (Cal. 1974):
2 The word 'request' in the condition does not imply a right by the outpatient to withhold his consent to a warrantless search. (People v. Mason, Supra, 5 Cal.3d 759, 763, 97 Cal.Rptr. 302, 488 P.2d 630.) Thus notice to the outpatient is not warranted in order to give him an option to refuse consent.
"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
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)
Does Section 1054.3(b) of the Mental Health Act restrict the prosecution's access to materials derived from mental health examinations conducted under section 1054 of the Act, which were obtained from a mental health clinic? (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)
Does the search warrant for "any vehicles" provision in the first warrant for a search warrant apply to a vehicle search? (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 used to search for and seize items beyond the scope of the search warrant? (California, United States of America)
Does a search warrant need to be issued to search a car without a warrant? (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)
What is the test for determining whether a search warrant has to be issued to search a vehicle that has been stopped and searched by police? (California, United States of America)
How have courts treated mental health issues in a mental health case? (California, United States of America)
