In what circumstances will evidence obtained in violation of search and seizure laws be inadmissible in a criminal trial?

California, United States of America

The following excerpt is from Kaplan v. Superior Court, 491 P.2d 1, 6 Cal.3d 150, 98 Cal.Rptr. 649 (Cal. 1971):

In 1955 this court decided the landmark case of People v. Cahan, 44 Cal.2d 434, 282 P.2d 905, adopting for California the rule that evidence obtained in violation of [491 P.2d 4] federal or state constitutional guarantees against unreasonable search and seizure is inadmissible in a criminal trial. The two-fold purpose of that rule, we explained, was to deter law enforcement officers from engaging in unconstitutional searches and [6 Cal.3d 156] seizures by removing their incentive to do

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