Krauss v. Superior Court

I dissent.

The majority’s ruling admitting evidence secured by the search-unlawfully-first-obtain-the-warrant-later procedure followed by the officer in this case totally undermines the reasons for adopting the rule excluding illegally obtained evidence and the purposes of requiring a search warrant. The majority concede as they must that the initial search by Sergeant Guevara was illegal in violation of the Fourth Amendment of the United States Constitution. The majority’s approval of the search-unlawfully-first-obtain-*424the-warrant-later procedure, in the light of practical considerations, can…