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Evidence-Exclusionary Rule
(People v. Bowers)

Evidence-Exclusionary Rule-Purpose
(People v. Bowers)

Contrary to respondent’s contention, the rationale of Sanders similarly applies as strongly to an unlawful personal search of an individual on a public street as to an unlawful search of a residence.  The Fourth Amendment applies as much to the protection of “persons” against unreasonable search and seizure as it does to residences.  Sanders’ concern is with preventing officers from executing searches without having contemporaneous knowledge of the circumstances justifying such a search.  That concern applies equally to both personal and residential searches.  (See United States v. Calandra (1974) 414 U.S. 338, 347 [“The exclusionary rule was adopted to effectuate the Fourth Amendment right of all citizens ‘to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures’ ” (italics added)]; Terry v. Ohio (1968) 392 U.S. 1, 16-17 [“[I]t is simply fantastic to urge that such a [stop and frisk] procedure performed in public by a policeman while the citizen stands helpless, perhaps facing a wall with his hands raised, is a ‘petty indignity.’  It is a serious intrusion upon the sanctity of the person, which may inflict great indignity and arouse strong resentment, and it is not to be undertaken lightly”].)  From this, we infer that the Supreme Court’s disapproval in Sanders of retroactive justification of a warrantless search of a residence due to a suspect’s search condition, of which the searching officers were unaware at the time, applies as well to a similarly unlawful warrantless search of a suspect’s actual person.

People v. Bowers 4/23/04 CA1/3 A095890exclusionary rule
P. v. Bowers 4/23/04 CA1/3 A095890

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