What is the burden of proving a warrantless search?

California, United States of America


The following excerpt is from People v. Winston, C077940 (Cal. App. 2018):

The prosecution has the burden of showing "a legal justification" for a warrantless search. (People v. Redd (2010) 48 Cal.4th 691, 719.) When the police lawfully decide to

Page 8

Other Questions


Can a search warrantless search of the clothing of a suspect subject to a search conducted during a patdown of the person's outer clothing? (California, United States of America)
What is the burden of proving consent when a search warrant is sought for search and seizure? (California, United States of America)
What is the burden of proving that plaintiffs had the burden to prove allocation of the premiums? (California, United States of America)
When a police officer searches a knapsack of a suspect in a search for drugs, what is the limitation of the search warrant? (California, United States of America)
What is the burden of proving a search warrant was obtained without a warrant? (California, United States of America)
Is a warrantless search of a person's wallet a valid search incident to arrest? (California, United States of America)
Can a warrantless search of a car and its trunk be used to search for stolen bonds? (California, United States of America)
What is the burden of proving consent to search? (California, United States of America)
What is the burden of proving that a search and seizure of a person's upstairs bedroom was illegal? (California, United States of America)
What is the burden of proving a search or seizure without a warrant? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.