The federal exclusionary rule excludes evidence obtained by an illegal search and seizure. Recent U.S. Supreme Court decisions, such as Mapp v. Ohio and Malloy v. Hogan, have made the federal exclusionary rule and the Fifth Amendment's privilege against self-incrimination applicable to the states. Because this type of evidence usually forms the basis of bookmaking convictions, this article discusses whether such evidence can still be constitutionally seized in California. The author concludes that these Supreme Court cases have rendered California Penal Code § 1524, governing property validly seizable under a search warrant, unconstitutional.
Dennis G. Adams,
Seizure of Private Papers Pursuant to a Search Warrant: With Specific Application to Federal and California Bookmaking Prosecutions,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol2/iss1/8