What is the test for determining whether a search warrant can be used as a justification for detention?

California, United States of America


The following excerpt is from People v. Gallant, 225 Cal.App.3d 200, 275 Cal.Rptr. 50 (Cal. App. 1990):

2 Our decision in this regard is supported by the opinion just issued in People v. Smith (1990) 224 Cal.App.3d 1289, 274 Cal.Rptr. 510. There, the Fifth District, applying the same reasoning to comparable facts, ruled that a detention could not be justified purely by a police officer's "ritualistic assumption" that anyone in the vicinity of an apartment designated in a search warrant might be connected to the criminal activity suspected in that apartment.

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