Does the fact that appellant may have been subjected to an illegal arrest, search or seizure prevent the prosecution of the appellant?

California, United States of America


The following excerpt is from Bird v. Justice Court In and For Siskiyou County, Fort Jones Judicial Dist., 182 Cal.App.2d 674, 6 Cal.Rptr. 502 (Cal. App. 1960):

The fact that appellant may have been subjected to an illegal arrest, search or seizure does not prevent the prosecution of the matter. People v. Valenti, 49 Cal.2d 199, 316 P.2d 633.

Other Questions


Does the search-incident-to-arrest exception apply to a search where the search occurred prior to the arrest? (California, United States of America)
What is the effect of a search and seizure of illegal drugs in the home of appellant during the search? (California, United States of America)
If the prosecution understood that appellant was challenging the scope of the search incident to arrest in addition to the probable cause supporting the arrest, would it have presented additional evidence to support its claim on appeal? (California, United States of America)
Is there any requirement under federal search and seizure law that an auto search incident to an occupant's arrest must have some nexus between the vehicle and the crime for which the occupant was arrested? (California, United States of America)
If a search warrant was obtained during a search and seizure of a shotgun, would the search warrant be invalid as fruit of the poisonous tree? (California, United States of America)
What is the difference between a search and seizure for illegal drugs and a search warrant? (California, United States of America)
When will the prosecution oppose a motion to search a vehicle in search of evidence of a prior to arrest? (California, United States of America)
Does a search and seizure resulting from an arrest without a warrant or search warrant violate the constitutional guarantees? (California, United States of America)
Can a search warrant be used to search for marijuana and heroin in the bedroom of a defendant who had not consented to a search after his arrest? (California, United States of America)
Does a police officer's subjective belief that a search incident to arrest might uncover evidence of crime invalidate an arrest under the Fourth Amendment? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.