What is the test for a search warrant for a vehicle seized in the early hours of the morning?

California, United States of America


The following excerpt is from People v. Weston, 114 Cal.App.3d 764, 170 Cal.Rptr. 856 (Cal. App. 1981):

But assuming, arguendo, that the urgency of exigent circumstances is superimposed as an additional requirement for an immediate search, a proposition of dubious validity in view of the restricted nature of the [114 Cal.App.3d 776] search conducted in this case, that test is satisfied by the fact that the automobile was detained between 3:00 and 4:00 o'clock in the morning and that there was reason to believe a gun was present in the vehicle. (People v. Vodak, supra, p. 1018, 164 Cal.Rptr. 785.)

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