How have courts interpreted the test for a search warrant application?

California, United States of America


The following excerpt is from Weaver By and Through Weaver v. State, 63 Cal.App.4th 188, 73 Cal.Rptr.2d 571 (Cal. App. 1998):

[63 Cal.App.4th 206] "A creative judge engaged in post hoc evaluation of police conduct can almost always imagine some alternative means by which the objectives of the police might have been accomplished. But '[t]he fact that the protection of the public might have been accomplished by less intrusive means does not itself render the search unreasonable.' The question is not simply whether some other alternative was available, but whether the police acted unreasonably in failing to recognize or pursue it." (Seekamp v. Michaud, supra, 109 F.3d at p. 808.)

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