In what circumstances will a search warrant be deemed unconstitutional?

California, United States of America

The following excerpt is from Parrish v. Civil Service Commission of Alameda County, 425 P.2d 223, 57 Cal.Rptr. 623, 66 Cal.2d 260 (Cal. 1967):

On the basis of the foregoing analysis we conclude that the searches contemplated and undertaken in the course of the operation in the present case must be deemed unconstitutional unless the county can show compliance with the standards which govern searches for evidence of crime. [66 Cal.2d 268] The county concedes that it sought no warrants for these searches ⁸ and that it lacked probable cause to arrest any person in any of the homes searched, but contends that the searches took place pursuant to effective consent, freely and voluntarily given. (People v. McLean (1961) 56 Cal.2d 660, 664, 16 Cal.Rptr. 347, 365 P.2d 403; People v. Burke (1956) 47 Cal.2d 45, 49, 301 P.2d 241.)

The alleged consent to search.

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