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Report No. 94

7.6. Warrant when required.-

If these things are complied with, a warrant (of arrest or search) is not necessarily required. However, a warrant is required (in addition to these other requirements) in special areas which the courts deem to be high in privacy expectations (provided getting a warrant would not entail substantial law enforcement problems), such as the defendant's home,1 assuming there are no special exigent circumstances.2

1. United States v. Chadurak, (1977) 433 US 1.

2. Rothstein Evidence in A Nutshell, (May 1981), pp. 466, 467.

Evidence Obtained Illegally or Improperly - Proposed Section 166a of the Indian Evidence Act, 1872 Back

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