Solis v. Superior Court

I dissent.

The affidavit here involved did not justify the issuance of a warrant permitting a nighttime search. The warrant so providing was void. The pertinent code section requires a showing of “good cause” before such a warrant may issue. None was shown here.

The opinion of the District Court of Appeal, in this case, properly disposed of the issue. I adopt as part of my dissent the following portions of that opinion written by Mr. Justice Taylor of the First Appellate District, Division Two (Solis v. Superior Court (Cal.App.) 45 Cal.Rptr. 127, 128):

The crucial question is whether the…