Is a search of a person's home under the California Penal Code during the night permissible?

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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