What is the legal test for a search and seizure without a warrant?
California, United States of America
The following excerpt is from People v. Dananberg, C083770 (Cal. App. 2017):
A warrantless search or seizure is presumed to be unlawful. (Mincey v. Arizona (1978) 437 U.S. 385, 390 [57 L.Ed.2d 290, 298].) The prosecution has the burden of
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justifying such a search or seizure by proving it fell within a recognized exception to the warrant requirement. (People v. Macabeo (2016) 1 Cal.5th 1206, 1213.)
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