When is a police officer required to obtain a warrant to seize marijuana in plain sight?

California, United States of America


The following excerpt is from People v. Baker, 90 Cal.Rptr. 508 (Cal. App. 1970):

In People v. Kampmann (1968) 258 Cal.App.2d 529, 65 Cal.Rptr. 798, the court observed, "Where a lawful entry has occurred the seizure of contraband observed in plain sight is not unreasonable; on the contrary, it is the lawful duty of the police officer. To require in the present case that one officer go to obtain a warrant while the other remains camped by the marijuana would further no recognizable interest; it would magnify technicality at the expense of reason." (258 Cal.App.2d at p. 533, 65 Cal.Rptr. at p. 802.) When the contraband is concealed subject to constitutional protection and safe from search or seizure, the plain-sight rule cannot apply. Nevertheless the officer should have the alternative of waiting for the return of the suspected owner.

Other Questions


When a defendant consents to a blood draw without a warrant being obtained by the police, can the officer obtain a warrant? (California, United States of America)
Can a defendant who claims self-defense to a charge of battery upon a police officer, who is also charged with battery upon the officer, obtain materials from the police department concerning the propensity for violence against the officer? (California, United States of America)
If a tainted warrant affidavit is amended to remove tainted evidence from the warrant affidavit at issue, is the warrant sufficient to suppress evidence seized pursuant to the warrant? (California, United States of America)
When a search warrant is issued, does the search warrant require a police officer to consult an expert on computer science or art forgery? (California, United States of America)
Does a complaint to the police department asserting misconduct by a police officer constitute a crime prescribed under California Penal Code section 148.5 of reporting to police officer that a felony or misdemeanor has been committed? (California, United States of America)
If renaming a police officer in the name of a police community support officer is a good cause for concern, and if so, what effect will the name have on the police community? (California, United States of America)
Does the exclusionary rule apply when an officer acting with objective good faith has obtained a search warrant for the search warrant under the Golden Gate Drive search warrant? (California, United States of America)
When can the police obtain a search warrant to search a house without obtaining a warrant? (California, United States of America)
Does Section 844 of the California Criminal Code require an officer to identify himself as a police community support officer? (California, United States of America)
Can a police officer sue an officer from another police force for personal injury? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.