Gleaves v. Waters

Opinion

PUGLIA, P. J.

In this appeal we decide that, absent exigent circumstances, the need summarily to abate a public nuisance does not of itself justify state invasion of legitimate privacy interests without consent or a warrant.

Plaintiffs petitioned the superior court for a writ of prohibition to restrain the execution of administrative inspection warrants directed to their properties which did not comply with the governing statute. (Code Civ. Proc., § 1822.50 et seq.) The trial court declared the issue moot because, although defective, the warrants had expired and an ancillary contempt…