California, United States of America
The following excerpt is from People v. Chrisman, 256 Cal.App.2d 425, 64 Cal.Rptr. 733 (Cal. App. 1967):
Defendant has attacked the validity of this warrant, and the admission into evidence of what he alleges were the fruits of its execution, by his motions to suppress evidence in the municipal and superior courts, by his motion to dismiss the indictment, and by reserving his objections in submitting the matter on the merits. (Cf. People v. Butler (1966) 64 Cal.2d 842, 844--845, 52 Cal.Rptr. 4, 415 P.2d 819.)
In reliance upon Giordenello v. United States (1958) 357 U.S. 480, 78 S.Ct. 1245, 2 L.Ed.2d 1503, he contends that the principles which govern the necessity for the establishment of probable cause, and the nature and extent of the evidence [256 Cal.App.2d 443] necessary to demonstrate probable cause in the case of a search warrant 5 are applicable to a warrant of arrest; and that the issuance of the warrant on the complaint filed in this case violated the provisions of section 813 of the Penal Code as properly construed in the light of the Fourth and Fourteenth Amendments to the United States Constitution.
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