Arabia v. State

I agree with the majority opinion, but wish to add a comment. The Fourth Amendment proscription against unreasonable searches and seizures is aimed at protecting one’s right of privacy (Mapp v. Ohio, 367 U.S. 643, 81 S.Ct. 1684, 6 L.Ed.2d 1081 (1961), 84 A.L.R.2d 933; Kaplan, Search and Seizure, 49 Cal.L.Rev. 474, 481 (1961), and at the deterrence of unlawful police activity (People v. Cahan, 44 Cal.2d 434, 282 P.2d 905 (1955)). Those aims are not frustrated by the conduct here in question. One’s right of personal privacy is dramatically diminished when he has been lawfully placed in jail. He *459…