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California v. Acevedo

Dissent Finds Warrantless Search Unacceptable



Justices Stevens, Marshall and White disagreed with the majority. Stevens urged in his dissenting opinion that the search of Acevedo's bag without a search warrant was unconstitutional. He reasoned that there was no justification for not requiring a warrant where the container had been seized and was under police control. Thus, there was no risk that the evidence would be destroyed or hidden before a warrant could be obtained. Under such circumstances Stevens found the loss of individual privacy resulting from the warrantless search to be unacceptable.



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Law Library - American Law and Legal InformationNotable Trials and Court Cases - 1989 to 1994California v. Acevedo - Significance, A Uniform Rule For Vehicle Searches, Dissent Finds Warrantless Search Unacceptable, Impact, Kids, Drugs, And Crime