California, United States of America
The following excerpt is from People v. Flores, 100 Cal.App.3d 221, 160 Cal.Rptr. 839 (Cal. App. 1979):
Here the facts reveal that following the arrest of the defendant under circumstances strongly suggesting involvement in illicit drug trafficking, the police expeditiously sought to conduct an immediate search of a place typically used by traffickers, then under close surveillance to prevent removal of evidence by possible accomplices. Upon such facts we cannot say it was an abuse of discretion to authorize the requested night-time service in lieu of maintaining an all-night vigil with its concomitant potential for a violent confrontation with possible accomplices. Moreover, where as here the room was known to be unoccupied, no one's right of privacy or other lawful interests could be, nor were, seriously implicated. (Cf. Tidwell v. Superior Court (1971) 17 Cal.App.3d 780, 786-787, 95 Cal.Rptr. 213.) We find no error as claimed.
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