California, United States of America
The following excerpt is from Curry v. Superior Court, 7 Cal.App.3d 836, 86 Cal.Rptr. 844 (Cal. App. 1970):
'The question is rather whether the search was reasonable under the Fourth Amendment. * * * It is no answer to say that the police could have obtained a search warrant, for '(t)he relevant test is not whether it is reasonable to procure a search warrant, but whether the search was reasonable.' United States v. Rabinowitz, 339 U.S. 56, 66, 70 S.Ct. 430, 435, 94 L.Ed. 653.' (87 S.Ct. pp. 790--791.)
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