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Legal Opinion

Fenwick & West v. Superior Court

California Court of Appeal

Decided February 26, 1996No. H014344PublishedCited by 2 opinions

1Opinion of the Court

Opinion

ELIA, Acting P. J.

In this proceeding, petitioners Fenwick & West (Fen-wick) and Stanley Chao seek a writ of mandate following the denial of their request for return of property seized from their law offices during a criminal investigation of their client. Petitioners contend: (1) the affidavits on which the search warrants were based were not supported by probable cause; and (2) the search warrants were overbroad. We agree with petitioners’ first contention and grant the requested relief.

Background

On July 6, 1995, representatives of the Santa Clara County District Attorney served a…

2Cases cited16 opinions

  1. Illinois v. GatesSupreme Court of the United States · 1983
  2. United States v. LeonSupreme Court of the United States · 1984
  3. United States v. VentrescaSupreme Court of the United States · 1965
  4. Andresen v. MarylandSupreme Court of the United States · 1976
  5. Massachusetts v. UptonSupreme Court of the United States · 1984

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3Cited by2 opinions

  1. People v. GarciaCalifornia Court of Appeal · 2003
  2. People v. FrenchCalifornia Court of Appeal · 2011

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