What is the burden of proving proper justification for a search and seizure in the absence of a warrant, arrest or consent?

California, United States of America


The following excerpt is from People v. Ricks, F066834 (Cal. App. 2015):

The prosecution bears a heavy burden to show proper justification for a search and seizure in the absence of a warrant, an arrest, or a consent to search. (People v. Scott (1976) 16 Cal.3d 242, 249.)

Other Questions


What is the burden of proving consent when a search warrant is sought for search and seizure? (California, United States of America)
Can a search warrant be used to search for marijuana and heroin in the bedroom of a defendant who had not consented to a search after his arrest? (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)
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)
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)
For the purposes of a search warrant, can the search warrant be used in the search of a defendant's automobile, at the police station and some time after his arrest? (California, United States of America)
If a search warrant was obtained during a search and seizure of a shotgun, would the search warrant be invalid as fruit of the poisonous tree? (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 search and seizure resulting from an arrest without a warrant or search warrant violate the constitutional guarantees? (California, United States of America)
Can a search warrant be used to search a person's home without the proper search 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.