Can a police officer refuse to issue a warrant for a search without a search warrant?
California, United States of America
The following excerpt is from Cave v. Superior Court, San Mateo County, 267 Cal.App.2d 517, 73 Cal.Rptr. 167 (Cal. App. 1968):
Although a peace officer has important duties, these are ministerial, not judicial. (Vallindras v. Massachusetts Bonding & Ins. Co., 42 Cal.2d 149, 154, 265 P.2d 907.) When a warrant, conformably with the statute, commands an immediate search, the officer may not decide on a delayed one.
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