Does a search warrant need to be issued before a defendant enters his automobile?

California, United States of America

The following excerpt is from Lohman v. Superior Court, 138 Cal.Rptr. 403, 69 Cal.App.3d 894 (Cal. App. 1977):

In People v. Aguilar, supra, 240 Cal.App.2d 502, 49 Cal.Rptr. 584, a magistrate 'issued a warrant for the search of certain described premises, a described automobile, and of defendant's person.' (Id. at 504, 49 Cal.Rptr. at 585.) As the defendant was about to enter his automobile (the same vehicle described in the warrant), he was arrested and searched. The defendant contended 'the arrest was not justified by the

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The Court of Appeal found no error in the manner of arrest, stating:

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