What is the test for a search warrant for assault with intent to pervert the course of justice?

California, United States of America


The following excerpt is from People v. Kay, 111 Cal.Rptr. 894, 36 Cal.App.3d 759 (Cal. App. 1973):

The first condition is that of warrantless search. This condition, [36 Cal.App.3d 762] with one exception, stated below, is not reasonably related to the crime for which appellants were convicted. Therefore, it cannot stand in its entirety. (In re Bushman, 1 Cal.3d 767, 776--777, 83 Cal.Rptr. 375, 463 P.2d 727; People v. Dominguez, 256 Cal.App.2d 623, 627, 64 Cal.Rptr. 290.) Appellants, either personally or by assisting others, threatened or struck police officers with sticks or broom handles or steel bars or table legs. None of these objects is a weapon readily concealable on the person. These objects were tools of the particular affray, openly displayed. Lack of search had nothing to do with the offenses--the officers saw the objects all too plainly.

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