When is a search invalid if the search was conducted on the property adjoining the police station?

California, United States of America


The following excerpt is from People v. Claeys, 118 Cal.Rptr.2d 139, 97 Cal.App.4th 55 (Cal. App. 2002):

The caveat that an officer must have the right to be where the officer is when observing items considered to be in plain view is based on a long line of cases involving observations made from areas open to the public and those made after entry onto the defendant's property. (See People v. Camacho (2000) 23 Cal.4th 824, 831-834, 837, 98 Cal.Rptr.2d 232, 3 P.3d 878;

[97 Cal.App.4th 59]

Lorenzana v. Superior Court, supra, 9 Cal.3d at pp. 631-634, 641, 108 Cal.Rptr. 585, 511 P.2d 33.) We can find no California cases, nor does defendant cite any, where a search has been held invalid under the federal Constitution because the police trespassed onto property adjoining a defendant's property.

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