What is the burden on the government of conducting a search without a warrant?
MultiRegion, United States of America
The following excerpt is from U.S. v. Carbajal, 993 F.2d 885 (9th Cir. 1993):
In keeping with the Fourth Amendment's strong preference for search warrants, the burden is on the Government to show that the warrantless search was reasonable and came within one of the narrow exceptions to the warrant requirements. Id. at 930. One such exception is a search conducted pursuant to the valid consent of a person in control of the premises. United States v. Kaplan, 895 F.2d 618, 622 (9th Cir.1990).
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