Rogers v. Superior Court

In Rogers v. Superior Court (1973) 35 Cal.App.3d 716, the court summarized as follows: '. . . the legislative purpose behind section 1533 is two-fold: (1) to require the magistrate to consider and determine whether he should exercise a discretion which authorizes a search peculiarly intrusive on the householder and especially dangerous to the officers; and (2) to enable the householder to know, from the face of the papers served on him, that the intrusion had, in fact, been authorized by a magistrate and that it was not the result of a mere whim or zealousness of the police.' (35 Cal.App.3d at p. 720.)"