Is a search conducted without a warrant unreasonable per se under the Fourth Amendment?

California, United States of America


The following excerpt is from People v. Hunter, G039866 (Cal. App. 2/17/2009), G039866 (Cal. App. 2009):

"A search conducted without a warrant is unreasonable per se under the Fourth Amendment unless it falls within one of the `specifically established and well-delineated exceptions.' [Citations.] It is `well settled that one of the specifically established exceptions to the requirements of both a warrant and probable cause is a search that is conducted pursuant to consent.'" (People v. Woods (1999) 21 Cal.4th 668, 674.)

Other Questions


Can a search of an automobile without a warrant be conducted without obtaining a search warrant? (California, United States of America)
Does the affidavit supporting a search warrant invalidate the search warrant for a home searched for a stolen gun after the original warrant was issued? (California, United States of America)
When a search and/or seizure is conducted without a warrant, what is the test for obtaining a search warrant? (California, United States of America)
Is a search made under warrant valid if the search was conducted in accordance with the search warrant? (California, United States of America)
What is the test for obtaining a search warrant for a search conducted without a warrant? (California, United States of America)
Does the assumption that evidence sufficient to warrant a search warrant justify the officers in making a search without a warrant justify their actions? (California, United States of America)
If a search warrant authorizes a search, can the warrant authorizations to search the bag be added to the warrant? (California, United States of America)
Does a Fourth Amendment balancing of the legitimate governmental interests in arrest against the reasonable expectation of privacy under the Fourth Amendment reveal the unreasonableness of a defendant's arrest and search? (California, United States of America)
Does the exclusionary rule apply when an officer acting with objective good faith has obtained a search warrant for the search warrant under the Golden Gate Drive search warrant? (California, United States of America)
Does the search warrant for "any vehicles" provision in the first warrant for a search warrant apply to a vehicle search? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.