What is the current state of the law on warrantless searches?

California, United States of America


The following excerpt is from People v. Jarrell, C081846 (Cal. App. 2020):

Searches and seizures inside a home without a warrant are presumptively unreasonable and prohibited by the Fourth Amendment. (Brigham City v. Stuart (2006) 547 U.S. 398, 403 [164 L.Ed.2d 650] (Brigham City).) However, "warrantless searches are allowed when the circumstances make it reasonable, within the meaning of the Fourth Amendment, to dispense with the warrant requirement." (Kentucky v. King (2011) 563 U.S. 452, 462 [179 L.Ed.2d 865] (King).) "One well-recognized exception applies when ' "the exigencies of the situation" make the needs of law enforcement so compelling that [a] warrantless search is objectively reasonable under the Fourth Amendment.' [Citations.]" (Id. at p. 460.)

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