In what circumstances will a prosecutor obtain a search warrant to search a house?

California, United States of America


The following excerpt is from Michael v., In re, 10 Cal.3d 676, 111 Cal.Rptr. 681, 517 P.2d 1145 (Cal. 1974):

In Bumper v. North Carolina (1968) 391 U.S. 543, 88 S.Ct. 1788, 20 L.Ed.2d 797 police officers gained admittance to a residence when one of them announced that 'I have a search warrant to search your house.' (Id. 391 U.S. at p. 546, 88 S.Ct. at p. 1790.) The prosecutor did not rely upon a warrant to justify the search, however, but upon the consent of the resident. The court, in holding the search to be unlawful, stated: 'When a law enforcement officer claims authority to search a home under a warrant, he announces in effect that the occupant has no right to resist the search. The situation is instinct with coercion--albeit colorably lawful coercion. Where there is coercion there cannot be consent.' (Id. 391 U.S. at p. 550, 88 S.Ct. at p. 1792.)

Other Questions


If a search warrant is obtained to search a house for shoes and/or clothes in connection with 5/9 Brims gang colors, is the search warrant supported by other lawfully obtained information? (California, United States of America)
When can the police obtain a search warrant to search a house without obtaining a warrant? (California, United States of America)
Does the exclusionary rule apply when an officer acting with objective good faith has obtained a search warrant for the search warrant under the Golden Gate Drive search warrant? (California, United States of America)
Can a search warrant be obtained prior to obtaining the search warrant? (California, United States of America)
Under what circumstances will a search warrant be used to search a vehicle of a convicted drug dealer's vehicle in violation of the terms of search warrant? (California, United States of America)
Does the search warrant for "any vehicles" provision in the first warrant for a search warrant apply to a vehicle search? (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)
If a search warrant authorizes a search, can the warrant authorizations to search the bag be added to the warrant? (California, United States of America)
Does the affidavit supporting a search warrant invalidate the search warrant for a home searched for a stolen gun after the original warrant was issued? (California, United States of America)
Is the search warrant used to obtain a search warrant in a motel room? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.