Is consent given during an administrative search sufficient to validate a warrantless search for evidence of a crime?
California, United States of America
The following excerpt is from Estes v. Rowland, 14 Cal.App.4th 508, 17 Cal.Rptr.2d 901 (Cal. App. 1993):
12 In McMorris v. Alioto, supra, the court recognized that the consent given during administrative searches is a "qualified consent," insufficient to constitute the sort of voluntary consent necessary to validate a warrantless, full-scale search for evidence of a crime. (567 F.2d at p. 901.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances will the Court consider the sufficiency of evidence in determining whether the evidence was sufficient to prevent or dissuade a victim or witness from reporting a crime? (California, United States of America)
What is the law on unanimity in a criminal case where the evidence of a crime is only a single crime but the evidence supports the theory of the crime? (California, United States of America)
What is the test for a search warrant to search for evidence of crime at a location where the crime scene has been committed? (California, United States of America)
What is the test for a search warrant to search for evidence of criminal activity at a location where there is no evidence of crime? (California, United States of America)
In a search for evidence of an illegal car search, can police ask for the consent of a suspect to travel to the crime scene? (California, United States of America)
Can a search warrant be used to search defendant's home after he consented to the search? (California, United States of America)
Is a warrantless search of a person's home illegal unless the person consents to the search? (California, United States of America)
In what circumstances will the courts consider whether a search warrant can be used to search for a searchable searchable document in a search for evidence of criminal activity? (California, United States of America)
What is sufficient evidence to have been sufficient evidence for a jury to find that defendant intentionally poisoned a patient? (California, United States of America)
Can a jury use uncharged crime evidence to determine that defendant was more likely to have committed the charged crimes because he committed the uncharged crimes? (California, United States of America)
