What is the test for determining whether a search warrant can be used to search a person's home?

California, United States of America


The following excerpt is from People v. Harris, 184 Cal.Rptr.3d 198, 234 Cal.App.4th 671 (Cal. App. 2015):

witnesses, resolve any conflicts in the testimony, weigh the evidence and draw factual inferences in deciding whether a search is constitutionally unreasonable. [Citation.] (People v. Tully (2012) 54 Cal.4th 952, 979, [145 Cal.Rptr.3d 146, 282 P.3d 173] (Tully ).) Moreover, the reviewing court must accept the trial court's resolution of disputed facts and its assessment of credibility. [Citation.] (Ibid. ) Therefore, we must accept the trial court's implied findings and also conclude that defendant's testimony was not credible.

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