Analysis of Search and Seizure Laws in California

The assignment provides an executive summary of a report on search and seizure procedures in California. It discusses the introduction, discussion, conclusion, and reference list of the report. The report aims to analyze the search and seizure laws in force in California in light of the Fourth Amendment to the U.S. Constitution and identify problems that defeat the legislative intent of the laws.

Running head: SEARCH AND SEIZURE PROCEDURES IN CALIFORNIA
SEARCH AND SEIZURE PROCEDURES IN CALIFORNIA
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1SEARCH AND SEIZURE PROCEDURES IN CALIFORNIA
Executive Summary
The purpose of this report is to analyze the search and seizure laws in force in the state of
California in light of the Fourth amendment to the U.S. Constitution. This report seeks to identify
various problems in the legislation which defeat the legislative intent of the laws. These
observations are guided by judicial pronouncements that have interpreted the legislation.

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Table of Contents
Executive Summary.........................................................................................................................1
Introduction......................................................................................................................................3
Discussion........................................................................................................................................3
Conclusion.......................................................................................................................................4
Reference list...................................................................................................................................5

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Introduction
Search and seizures are necessary to be conducted by the investigating authorities in case
of criminal offences. These searches are aimed at uncovering evidence that would be
instrumental in obtaining a conviction and additionally also seek to prevent material evidence
from being destroyed. However, while conducting such searches the right to privacy guaranteed
to citizens must be taken into consideration.
Discussion
By virtue of the Fourth Amendment all citizens of the U.S. are safeguarded from
unreasonable search and seizures (Pavletic, 2018). This means that for police authorities to
conduct such a search the same must be sanctioned by a valid warrant or the circumstances must
fall within the ambit of one of the exceptions to the warrant rule as envisioned by the federal or
state courts. As per Section 1525 of the California Penal Code a valid search warrant would be
based on the probable cause and would have two essential descriptions, the first is of the place
that will be searched and secondly the evidence that the search is being conducted for. The
directives of the Fourth Amendment are codified in the state of California vide Article 1 Section
13 of the California Constitution. Thus, the protection against unreasonable search and seizures
is guaranteed under state law as well.
In both these prohibitions against unreasonable search and seizures the concept of
exceptions to the warrant rule are embodied. The exceptions, though reasonably constructed to
avoid arbitrary use of power, have gaps that solely depend on circumstantial interpretation of the
same. As held in Schneckloth v. Bustamonte (1973) 412 U.S. 218, 219 the voluntary search of

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property with the owner’s consent falls under such an exception. But such consent could also be
obtained through coercion or undue influence. In such a case the search cannot be challenged as
it is not conducted through a warrant and yet is deemed to have been legally valid. This places an
immense amount of discretionary powers in the hands of the police. In Chimel v. California
(1969) 395 U.S. 752, 762-63 it was held that search and seizures relating to a lawful arrest would
fall under the exception but only if the search was related to obtaining evidence that is present or
may be destroyed if not recovered (Finkelman, 2018). However, an arrested convict would not
have the ability to physically execute destruction of the evidence and a warrant for such a search
can also be easily obtained. Thus, providing for such an exception paves the way to arbitrary use
of power.
Conclusion
To conclude, the search and seizure laws of the state of California though sufficient in
managing most criminal procedures provide for certain discretionary powers to the police that
maybe misused. Abuse of due process of law can never be condoned.

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Reference list
Finkelman, P. (Ed.). (2018). Routledge Revivals: Encyclopedia of American Civil Liberties
(2006): Volume 1, A-F. Routledge.
Pavletic, J. (2018). The Fourth Amendment in the Age of Persistent Aerial Surveillance. J. Crim.
L. & Criminology, 108, 171.