What is the test for obtaining a search warrant for photographs of a person in the street?

California, United States of America


The following excerpt is from People v. Camacho, 68 Cal.App.4th 37, 80 Cal.Rptr.2d 89 (Cal. App. 1998):

The case is governed by the principles articulated in Lorenzana v. Superior Court (1973) 9 Cal.3d 626, 634, 108 Cal.Rptr. 585, 511 P.2d 33 (Lorenzana ), which held: "[O]bservations of things in plain sight made from a place where a police officer has a right to be do not amount to a search in the constitutional sense. On the other hand, when observations are made from a position to which the officer has not been expressly or implicitly invited, the intrusion is unlawful unless executed pursuant to a warrant or one of the established exceptions to the warrant requirement."

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