California, United States of America
The following excerpt is from People v. Superior Court (Hulbert), 141 Cal.Rptr. 497, 74 Cal.App.3d 407 (Cal. App. 1977):
The landmark case in this area, People v. Shuey, 13 Cal.3d 835, 120 Cal.Rptr. 83, 533 P.2d 211, holds that the "securing" of premises prior to obtaining a search warrant where there is no probable cause to arrest the suspect and no exigent circumstances results in a "seizure" of the premises and the evidence illegally seized when the search warrant is executed must be suppressed. In Shuey the officer had probable cause to believe the residence contained contraband five days before they secured the premises.
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