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PEOPLE v. ALLEN

Docket No. 1850.

214 Cal.App.2d 136 (1963)

29 Cal. Rptr. 455

THE PEOPLE, Plaintiff and Respondent, v. CONRAD L. ALLEN, Defendant and Appellant.

Court of Appeals of California, Fourth District.

March 15, 1963.

Attorney(s) appearing for the Case

Thomas Whelan, under appointment by the District Court of Appeal, for Defendant and Appellant.

Stanley Mosk, Attorney General, William E. James, Assistant Attorney General, and Jack K. Weber, Deputy Attorney General, for Plaintiff and Respondent.

COUGHLIN, J.

The issue on this appeal is whether the search of a person unlawfully incarcerated in a jail, and the seizure of a narcotic in his possession which was revealed by this search, was illegal because in violation of the constitutional guarantee against unreasonable searches and seizures.

[1a] The defendant was arrested and placed in jail on a burglary charge; was not taken into custody under a warrant of arrest, as no complaint had been...

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