Opinion

Parrish v. Civil Service Commission

  • 66 Cal. 2d 260
  • 57 Cal. Rptr. 623
  • 425 P.2d 223
  • 1967 Cal. LEXIS 301
Court
California Supreme Court
Filed
Mar 27, 1967
Status
Published
Author
McCOMB
On the bench
Tobriner, McComb
Cited by
102 cases

holding that the county’s policy of conditioning receipt of welfare benefits upon waiver of Fourth Amendment rights was unconstitutional

How later courts described this case

  • holding that the county’s policy of conditioning receipt of welfare benefits upon waiver of Fourth Amendment rights was unconstitutional
  • though searches by county welfare officials intended to secure proof of welfare ineligibility, fact that sought-after evidence could have afforded basis for criminal prosecution imposed requirement for compliance with standards for searches for evidence of crime
  • holds that there is a right to refuse to obey an unconstitutional order; however, it is not clear from this case whether this right is secured by the United States Constitution
  • freedom from unreasonable searches and seizures

Written by the judges who cited it.

The opinion

McCOMB, J.

I dissent. I would affirm the judgment for the reasons expressed by Mr. Justice Taylor in the opinion prepared by him for the Court of Appeal in Parrish v. Civil Service Com. (Cal.App.) 51 Cal.Rptr. 589 .

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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