Is a search made under warrant valid if the search was conducted in accordance with the search warrant?

California, United States of America


The following excerpt is from Cave v. Superior Court, San Mateo County, 267 Cal.App.2d 517, 73 Cal.Rptr. 167 (Cal. App. 1968):

But the predilection of the law for searches made under warrant is valid only if the searches are conducted according to law and according to the mandate of the warrants themselves. (See People v. Keener, 55 Cal.2d 714, 723, 12 Cal.Rptr. 859, 361 P.2d 587.) A search that is not so conducted, even though it purports to be done under a warrant, is a misuse of the statutory, if not of the constitutional, process. The warrant in such a case effects a deceptive assertion of authority upon the person on whom it is served and purportedly gives an undeserved protection to the officer.

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