What is the test for determining whether a search warrant can be used in search warrants?

California, United States of America


The following excerpt is from People v. Harris, A137390 (Cal. App. 2014):

superior court.' " (People v. McDonald (2006) 137 Cal.App.4th 521, 529.) "We must draw all presumptions in favor of the magistrate's factual determinations, and we must uphold the magistrate's express or implied findings if they are supported by substantial evidence." (Ibid.) Ultimately, however, "[w]e judge the legality of the search by 'measur[ing] the facts, as found by the trier, against the constitutional standard of reasonableness' " and in this regard "we exercise our independent judgment." (Ibid.)

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