Can a search warrant be used to compel a defendant to travel by way of search warrant?

California, United States of America


The following excerpt is from People v. Arredondo, 199 Cal.Rptr.3d 563, 245 Cal.App.4th 186 (Cal. App. 2016):

travel constitutes coercion; the government cannot be said to have established that the defendant freely and voluntarily consent[ed] to the search when to do otherwise would have meant foregoing the constitutional right to travel. "]; see Missouri v. McNeely (2013) 569 U.S. , , 133 S.Ct. 1552, 1565, 185 L.Ed.2d 696 (McNeely ) ["the fact that people are accorded less privacy in ... automobiles because of th[e] compelling governmental need for regulation, ... does not diminish a motorist's privacy interest in preventing an agent of the government from piercing his skin"].)

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