What is the test for justifying a warrantless search?

California, United States of America


The following excerpt is from People v. Cooney, 235 Cal.App.3d Supp. 1, 286 Cal.Rptr. 765 (Cal. Super. 1991):

A warrantless search may be justified by showing that the individual whose premises or effects were searched voluntarily consented to the search. (Schneckloth v. Bustamonte (1973) 412 U.S. 218, 219, 93 S.Ct. 2041, 2043, 36 L.Ed.2d 854, cited ante by the majority.) 1

Other Questions


Can a search of a parolee's home be justified where the parolee was unaware of the search condition at the time the search was conducted? (California, United States of America)
Can a search warrantless search of a car trunk be justified on the basis of probable cause or consent? (California, United States of America)
Can a search warrantless search of the clothing of a suspect subject to a search conducted during a patdown of the person's outer clothing? (California, United States of America)
Under what circumstances will a search warrant be used to justify both subjective motive and objective reasonableness to justify an emergency entry search? (California, United States of America)
Does the assumption that evidence sufficient to warrant a search warrant justify the officers in making a search without a warrant justify their actions? (California, United States of America)
What is the test for determining whether a search warrant has to be issued to search a vehicle that has been stopped and searched by police? (California, United States of America)
Does the exclusionary rule apply when an officer acting with objective good faith has obtained a search warrant for the search warrant under the Golden Gate Drive search warrant? (California, United States of America)
When searching a laptop computer and news articles about prior sexual assaults, can police search the laptop without a search warrant? (California, United States of America)
Is a warrantless search of a person's wallet a valid search incident to arrest? (California, United States of America)
When a police officer searches a knapsack of a suspect in a search for drugs, what is the limitation of the search warrant? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.