California, United States of America
The following excerpt is from Donald R., In re, 149 Cal.Rptr. 152, 85 Cal.App.3d 23 (Cal. App. 1978):
I dissent. A search of a person's home is a drastic intrusion upon the personal rights and security of the homeowner. A nighttime intrusion is of greater magnitude. The statutory and decisional law, therefore, establishes a higher standard of necessity which must be demonstrated for a nighttime search. Thus it is that Penal Code section 1533, permitting a nighttime search, must be strictly construed. And the warrant must conform to the statutory requirement in every material detail. (People v. Mills (1967) 251 Cal.App.2d 420, 422, 59 Cal.Rptr. 489.)
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