California, United States of America
The following excerpt is from Kaylor v. Superior Court, 108 Cal.App.3d 451, 166 Cal.Rptr. 598 (Cal. App. 1980):
The architects of our national and state Constitutions provide all residents, good or evil and loved or unloved, the protection of their homes. That protection is made a firm and meaningful one by the requirement that a magistrate stand between them and the police, no matter how well intentioned and reasonable they might be, before a search can take place. It is a procedural protection which holds the key to this most dear of personal protections peace in one's own home, the modern day hut or castle. Because the basic right depends on a procedural device, that procedure must be strictly adhered to. " '. . . (E)very constitutional and statutory requirement must be fully met, including all formalities required by statute, before a valid search warrant may issue.' " (Bowyer v. Superior Court (1974) 37 Cal.App.3d 151, 164, 111 Cal.Rptr. 628, 637.) Without the procedure, the substance falls.
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