What is the test for a motion under section 995 of the California Penal Code to obtain search and seizure of an electronic surveillance device?
California, United States of America
The following excerpt is from People v. Johnson, 153 Cal.App.2d 870, 315 P.2d 468 (Cal. App. 1957):
The defendant contended before the trial court that it was an unlawful search and seizure, and under the rule of People v. Cahan, 44 Cal.2d 434, 282 P.2d 905, 50 A.L.R.2d 513, the [153 Cal.App.2d 873] receipt of the evidence was improper, and further that under the Fourth Amendment to the United States Constitution, and under Article I, section 19 of the California Constitution, the search was unlawful and unreasonable, and therefore, the motion under section 995 of the Penal Code was proper and should be granted. The trial judge reluctantly granted the motion, saying,
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