In re Residence in Oakland, Cal.

DISCUSSION

The issues presented in the Application implicate the constitutional protections afforded by the Fourth and Fifth Amendments. The undersigned has found no legal authority explicitly restricting the Court from considering the privileges and protections afforded by the Fifth Amendment prior to signing a warrant. In fact, the prejudice that suspects may suffer should the Fifth Amendment be ignored at this juncture-both due to the practical difficulty in prevailing on a motion to suppress and the fact that they are not represented in the warrant process-gives rise to a moral imperative…