Is a search warrant justified at its inception?

California, United States of America


The following excerpt is from People v. K.J. (In re K.J.), 18 Cal.App.5th 1123, 227 Cal.Rptr.3d 380 (Cal. App. 2018):

Appellant nonetheless insists that the search was not "justified at its inception." He reasons that the information leading to the search came from an anonymous source and was therefore unreliable because there were no means of testing the informant's knowledge or credibility. On this point, he relies principally on Florida v. J.L. (2000) 529 U.S. 266, 120 S.Ct. 1375, 146 L.Ed.2d 254 ( J.L. ), a case arising outside the school context, in which the high court addressed "whether an anonymous tip that a person is carrying a gun is, without more, sufficient to justify a police officer's stop and frisk of that person," and concluded it is not. ( Id. at p. 268, 120 S.Ct. 1375.)

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