Can a warrant be used to search a residence of a visitor or resident without a search warrant?

California, United States of America


The following excerpt is from People v. Reyes, 223 Cal.App.3d 1218, 273 Cal.Rptr. 61 (Cal. App. 1990):

A warrant to search premises "cannot normally be construed to authorize a search of each individual in that place." (Ybarra v. Illinois (1979) 444 U.S. 85, 92, fn. 4, 100 S.Ct. 338, 342-343, fn. 4, 62 L.Ed.2d 238.) The affidavit offered no facts constituting probable cause to search any person other than "Santio." Thus, if the search was of defendant's person, rather than of the described premises, it was outside the warrant's scope regardless of his status as a visitor or resident.

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