What is the test for obtaining a search warrant for an inspection of a building?

California, United States of America


The following excerpt is from Pelton Motors, Inc. v. Superior Court In and For Los Angeles County, 120 Cal.App.2d 565, 261 P.2d 275 (Cal. App. 1953):

'A party or witness has a constitutional right to be free from unreasonable searches and seizures, and it is therefore incumbent upon the one seeking an inspection to show clearly that he has a right thereto and that the constitutional guaranties will not be infringed. Hence, the affidavit in support of the demand for inspection must identify the desired books, papers and documents and it must clearly show that they contain competent and admissible evidence which is material to the issues to be tried.' McClatchy Newspapers v. Superior Court, 26 Cal.2d 386, 396, 159 P.2d 944, 950.

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