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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20233
Experience:  Handling criminal and probation matters for over 14 years.
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California Case Law Re: Warrant

Customer Question

I need to California case law supporting the fact that a warrant cannot be issued absent probable cause. Ideally I need Division 3 or California Supreme Court
Submitted: 4 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 4 years ago.
Welcome and thank you for your question!

The legal authority you seek is found in the Fourth Amendment of the U.S. Constitution (which applies to all courts in the country):

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things.

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Thanks,
~~ J.B.
Customer: replied 4 years ago.

I won't give you a bad review, but there is absolutely no way I am paying for that basic information. I specifically asked about California and you provided me a blanket 4th amendment statement.


 


No hard feelings and good luck

Expert:  JB Umphrey replied 4 years ago.
Thank you for the follow-up. I am terribly sorry for your frustration.

You may also be interested to know that similar language is found in the California Constitution (which also has to be followed by the California courts):
CALIFORNIA CONSTITUTION ARTICLE 1 DECLARATION OF RIGHTS SEC. 13. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable seizures and searches may not be violated; and a warrant may not issue except on probable cause, supported by oath or affirmation, particularly describing the place to be searched and the persons and things to be seized.


Thus, any later court case would merely be a recitation of what the U.S. and state constitutions compel.

I hope this helps to clarify things for you!

What are your options now?

If you wish to continue this conversation, click on the Reply tab.
If you are satisfied that I have answered your question, then please rate the answer with “excellent service” so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.

IF you feel the need to click either
"Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY tab. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek.


Thanks,
~~ J.B.