Does exercise of the attorney general's privilege to search a person's home during a search?

California, United States of America


The following excerpt is from People v. Superior Court, 107 Cal.Rptr. 756, 31 Cal.App.3d 788 (Cal. App. 1973):

Moreover, unlike an unlawful arrest or entry or other display of unlawful authority, exercise of the privilege ordinarily does not vitiate any consents given in connection with it. As stated in People v. Burke, 47 Cal.2d 45, 49, 301 P.2d 241, 243: 'It was not unreasonable for the officers, without any show of force or coercion, to call upon the suspected defendant at his home, or to ask him questions, or to accept defendant's statement, 'No, go ahead,' in answer to the inquiry, 'You don't mind then if we search your apartment do you?''

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