What is the test for a search and seizure in civil cases?

California, United States of America


The following excerpt is from Kaplan v. Superior Court of Orange County, 15 Cal.App.3d 785, 93 Cal.Rptr. 482 (Cal. App. 1971):

'When, * * * the very purpose of an illegal search and seizure is to get evidence to introduce at a trial, the success of the lawless venture depends entirely on the court's lending its aid by allowing the evidence to be introduced. * * *. Out of regard for its own dignity as an agency of justice and custodian of liberty the court should not have a hand in such 'dirty business'. [Citation.]' (People v. Cahan, supra, 44 Cal.2d at p. 445, 282 P.2d at p. 912.)

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