What is the test for a warrant to search a house at night?
California, United States of America
The following excerpt is from Tuttle v. Superior Court, 120 Cal.App.3d 320, 174 Cal.Rptr. 576 (Cal. App. 1981):
LaFave also relies upon United States ex rel. Boyance v. Myers (3d Cir. 1968) 398 F.2d 896. In Boyance, a 2:30 a.m. search was made of an occupied family home pursuant to a search warrant which was limited to "search in the daytime." The court held the nighttime search constitutionally invalid.
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