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Welfare and Institutions Code Section 8102 Deadly Weapon Seizure Found to Violate Fourth Amendment


by Laura L. Crane View Biography
James R. Touchstone View Biography
Best Best & Krieger LLP View Firm Credentials
Ontario Office

November 20, 2008

Previously published on October 30, 2008

On October 27, 2008, in People v. Sweig, California's Third District Court of Appeal held that a warrantless search of a residence resulting in the seizure of an illegal semi-automatic assault rifle violated the Fourth Amendment despite the fact the search was conducted for the primary purpose of seizing deadly weapons as mandated by Welfare and Institutions Code section 8102.


 

The views expressed in this article are solely the views of the author and not Martindale-Hubbell. This article is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.




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