What is the test for a warrantless search and seizure?

California, United States of America


The following excerpt is from People v. Boragno, 232 Cal.App.3d 378, 283 Cal.Rptr. 452 (Cal. App. 1991):

"the sooner the officials complete their duties, the less will be their subsequent interference with the privacy and the recovery efforts of the victims. For these reasons, officials need no warrant to remain in a building for a reasonable time to investigate the cause of a blaze after it has been extinguished." (Michigan v. Tyler, supra, 436 U.S. at p. 510, 98 S.Ct. at p. 1950.)

The reentry four hours later was also considered constitutional on the basis that

"[l]ittle purpose would have been served by their remaining in the building, except to remove any doubt about the legality of the warrantless search and seizure later that same morning. Under these circumstances, we find that the morning entries were no more than an actual continuation of the first, and the lack of a warrant thus did not invalidate the resulting seizure of evidence." (Michigan v. Tyler, supra, 436 U.S. at p. 511, 98 S.Ct. at p. 1950.)

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