What is the test for determining whether a search can be conducted without a warrant?
California, United States of America
The following excerpt is from People v. Miles, 263 Cal.Rptr.3d 144, 464 P.3d 611, 9 Cal.5th 513 (Cal. 2020):
On appeal, "[w]e defer to the trial court's express and implied factual findings if supported by substantial evidence, but we independently determine the legality of the search under the Fourth Amendment." ( People v. Eubanks (2011) 53 Cal.4th 110, 133, 134 Cal.Rptr.3d 795, 266 P.3d 301.) We consider each of defendant's contentions in turn.
[263 Cal.Rptr.3d 203]
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