Does the assumption that evidence sufficient to warrant a search warrant justify the officers in making a search without a warrant justify their actions?
California, United States of America
The following excerpt is from People v. Aguilar, 240 Cal.App.2d 502, 49 Cal.Rptr. 584 (Cal. App. 1966):
3 'Any assumption that evidence sufficient to support a magistrate's disinterested determination to issue a search warrant will justify the officers in making a search without a warrant would reduce the Amendment to a nullity and leave the people's homes secure only in the discretion of police officers.' (Johnson v. United States (1947) 333 U.S. 10, 13-14, 68 S.Ct. 367, 369, 92 N.Ed. 436, 440.)
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