Can a search warrant be obtained prior to obtaining the search warrant?

California, United States of America


The following excerpt is from People v. Chavez, B226610 (Cal. App. 2011):

The officers' actions prior to obtaining the search warrant were justified because of the exigency presented by '"'"[t]he need to protect or preserve life or avoid serious injury . . . .'"'" (People v. Hochstraser, supra, 178 Cal. App. 4th at p. 895.) The officers were confronting a volatile situation, with violent acts and sustained injuries, and they knew that defendant's girlfriend was in the house and was the subject of at least one attempted assault during the incident. The officers had facts that "would cause a person of reasonable caution to believe that the action taken was appropriate." [Citation.]" (Id., italics omitted.)

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