What is the impact of the dissent in the California Superior Court on the individual right of privacy?

California, United States of America


The following excerpt is from People v. Scott, 128 Cal.Rptr. 39, 16 Cal.3d 242, 546 P.2d 327 (Cal. 1976):

The failure of the dissent to consider the importance of the individual right of privacy is best illustrated by its criticism of Mozzetti v. Superior Court (1971) 4 Cal.3d 699, 94 Cal.Rptr. 412, 484 P.2d 84. In its review of Mozzetti the dissent perceives no deterrent value in excluding evidence seized by police who, without warrant or probable cause, but pursuant to common practice, conducted an exploratory search into a closed suitcase in the interior of a motor vehicle involved in an accident after the driver, suspected of no crime, had been taken to the hospital.

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