Concurring and Dissenting.—I concur with the majority opinion to the extent it upholds the trial court’s refusal to issue a preliminary injunction precluding police use of “flashbangs” during drug searches. I dissent, however, to the majority’s holding that henceforth law enforcement officers must obtain prior judicial authorization before using the V-100 motorized battering ram during such searches. In my view, the courts should neither interfere with, nor restrain the use of, particular law enforcement methods or techniques which play a legitimate role in fighting crime, so long as no unreasonable risk of danger to human fife is involved.
The record indicates a legitimate use exists for the V-100, namely, to break into fortified, steel-reinforced houses where drugs are sold or manufactured, for purposes of executing search or arrest warrants. The record also indicates that in many situations, the need for action is immediate and any delay beyond obtaining the requisite departmental approval might result in the loss or destruction of incriminating evidence or contraband. (See Parsley v. Superior Court (1973) 9 Cal.3d 934, 940 [109 Cal.Rptr. 563, 513 P.2d 611].)
The majority voices a concern about the potential dangers to person or property posed by the V-100 ram. But most police work is inherently dangerous, frequently entailing high-speed chases, gunfire and explosives. Yet, obviously we do not require prior judicial authorization in those instances; the existence of prior administrative guidelines and approval procedures, and the availability of civil damage actions is deemed adequate protection for our citizens. No compelling reason exists for singling out the V-100 ram for special treatment; the record indicates that the ram has been used on several prior occasions without inflicting any serious personal injury.
According to the record, elaborate guidelines exist for obtaining administrative approval before using the ram. These guidelines require the officers to take into consideration such factors as the fortified nature of the house under scrutiny, the existence and viability of alternative entries, the expected resistance to a forced entry, and the risk of harm to the entering officers, the suspects and their neighbors. The majority’s imposition of yet another layer of review-and-approval procedure, namely, submission of the issue to a magistrate, is both unnecessary and unwise.
The controlling principle is quoted by the majority itself: “[I]t is generally left to the discretion of the executing officers to determine the details of *45how best to proceed with the performance of a search authorized by warrant—subject of course to the general Fourth Amendment protection ‘against unreasonable searches and seizures.’” (Dalia v. United States (1978) 441 U.S. 238, 257, fn. omitted [60 L.Ed.2d 177, 192, 99 S.Ct. 1682].) In my view, given the fact that the V-100 ram is only used to enter fortified houses where narcotics transactions occur, and that careful administrative scrutiny is required before each use, no Fourth Amendment violation can arise here.
I would affirm the judgment denying the preliminary injunction.
Panelli, J., concurred.
The petition of real parties in interest for a rehearing was denied February 26, 1987.