Does the return of the original documents from the search warrant holder affect the legality of the search?
California, United States of America
The following excerpt is from Burrows v. Superior Court, 118 Cal.Rptr. 166, 13 Cal.3d 238, 529 P.2d 590 (Cal. 1974):
1 The People do not claim that the return of the original documents has any effect upon the legality of the search. It is settled that since photostatic copies of illegally seized documents are as much the product of an illegal search and seizure as the original papers themselves, the exclusionary rule is equally applicable to the photostats. (People v. Berger (1955) 44 Cal.2d 459, 462, 282 P.2d 509.)
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