People v. Miller

OPINION OF THE COURT

Rena K. Uviller, J.

This motion to suppress physical evidence raises two separate and distinct issues. The first is whether a nighttime search warrant may be authorized on the ground that the premises are of a sort commonly, but not exclusively, *277operated at night, absent any further showing of necessity for nighttime execution. The second issue is whether a warrantless arrest within commercial premises that are closed to the public may be effected solely on the basis of a single observation, two weeks earlier, of criminal activity within those premises by the defendants.

On…