People v. Shuey · 13 Cal. 3d 835

Later courts went against this

Abrogated on other grounds by People v. Bennett, 17 Cal. 4th 373 (1998)
13 Cal.3d 835, 846 , disapproved on another ground in People v. Bennett (1998) 17 Cal.4th 373, 389, fn. 5
California Supreme CourtFeb 2, 199813 citing opinionsother groundsRead it
Abrogated on other grounds by Segura v. United States, 468 U.S. 796 (1984)
Corp., 925 F.2d 619, 628-29 (3d Cir.1991); United States v. Thompson, 710 F.2d 1500, 1503-04 (11th Cir.1983); and the highest court of several states, see, for example, State v. Bell, 334 Md. 178, 638 A.2d 107, 114 (1994); and People v. Shuey, 13 Cal.3d 835, 120 Cal.Rptr. 83, 533 P.2d 211, 219 n. 4 (1975), abrogated on other grounds in Segura v. United States, 468 U.S. 796, 799, 104 S.Ct. 3380, 82 L.Ed.2d 599 (1984).
Supreme Court of the United StatesJul 5, 1984other groundsmedium confidenceRead it

The opinion

CLARK, J.

While concurring in the judgment, I dissent from part II of the opinion. The majority appropriately notes that “just as the court in Shuey II was bound by the prior determination of waiver, so also are we foreclosed by the law of the case from reexamining the substantive merits of the search issue in the absence of a showing that failure to do so *851 would result in manifest injustice.” {Ante, p. 848.) The requisite showing of injustice has not been made here. Nevertheless, the majority reaches the search issue, gratuitously lending this court’s authority to the contention that police may not “secure” premises prior to obtaining a search warrant. The question being foreclosed by the law of the case, I express no opinion concerning it.

McComb, J., concurred.