In what circumstances will the police obtain a search warrant for a bag containing illegal drugs?

California, United States of America


The following excerpt is from People v. Smith, 125 Cal.Rptr. 192, 52 Cal.App.3d 514 (Cal. App. 1975):

In this case the police, acting on a tip from a personally involved citizen, proceeded to investigate the matter in company with that individual. The two went to the rear of a multiple unit apartment building and located a large trash receptacle. The informant pointed out the bag in question which was retrieved, opened and found to contain the contraband refuse previously described to the officer. Acting in part on the foregoing a search warrant was obtained.

The facts of the instant case are clearly distinguishable from People v. Krivda, 5 [543 P.2d 201]

Page 201

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