What is the standard for obtaining a warrant for a search warrant?
California, United States of America
The following excerpt is from People v. Ramirez, 6 Cal.App.4th 1583, 8 Cal.Rptr.2d 529 (Cal. App. 1992):
2 The judge stated, "I have been operating under [the now obsolete rule of People v. Reynolds (1976) 55 Cal.App.3d 357, 127 Cal.Rptr. 561] which shows that proof by clear and convincing evidence is required for consent to a warrantless search.... But it's clear the cases cited by [the People] have expressly overruled that statement as being erroneous in that case ... the proper standard is preponderance of the evidence."
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