What is the test for unreasonable conduct of a police officer in the search and seizure of evidence at the scene of a recent homicide?

California, United States of America


The following excerpt is from People v. Boragno, 232 Cal.App.3d 378, 283 Cal.Rptr. 452 (Cal. App. 1991):

"the officers' conduct went no further than the seizure of items which could reasonably result in the identification, apprehension or conviction of the perpetrators and which could have been lawfully seized during the original entry by [the original officer]. Our conclusion herein goes no further than to find no unreasonable conduct when the police wait a reasonable time for trained personnel before disturbing lawfully seizable evidence at the location of a recent homicide." (People v. Amaya, supra, 93 Cal.App.3d 424, 431-432, 155 Cal.Rptr. 783.) 3

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