How have the courts interpreted the Fourth Amendment in the context of a search warrant?

California, United States of America

The following excerpt is from People v. Redmond, 176 Cal.Rptr. 780, 29 Cal.3d 904, 633 P.2d 976 (Cal. 1981):

The trial court erred when it refused to give the proffered instruction. Appellant merely exercised his Fourth Amendment right when he objected to the warrantless search of his home. The trial court compounded its error and impermissibly burdened appellant's assertion of his constitutional right when it allowed his assertion to be used to prove his guilt. (United States v. Prescott (9th Cir. 1978) supra, 581 F.2d 1343, 1350-1353.)

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