What is the test for a warrantless search under the Fourth Amendment?

California, United States of America


The following excerpt is from People v. Flores, 251 Cal.Rptr.3d 236, 38 Cal.App.5th 617 (Cal. App. 2019):

Unlike a detentiona limited seizure justified merely by reasonable articulable suspicion of criminal activitynormally a search may only be justified by probable cause, whether with or without a warrant. "A warrantless search is unreasonable under the Fourth Amendment unless it is conducted pursuant to one of the few narrowly drawn exceptions to the constitutional requirement of a warrant." ( People v. Schmitz (2012) 55 Cal.4th 909, 916, 149 Cal.Rptr.3d 640, 288 P.3d 1259.) Entry into a residence is a search under

[251 Cal.Rptr.3d 248]

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