What is the test for obtaining a search warrant for a police officer's observation with the naked eye from a vantage point open to the public?

California, United States of America


The following excerpt is from People v. Del Toro, B238494 (Cal. App. 2014):

"An officer's observation with the naked eye from a vantage point open to the public is ordinarily not regarded as a search within the meaning of the constitutional proscription against warrantless searches. [Citation.]" (People v. Edelbacher (1989) 47 Cal.3d 983, 1015.)

The officers observed tire tracks from the body on a public street, and they followed them to the front of appellant's home. From the street, the officers saw appellant's truck and a blood stain in the driveway. These observations were made in plain view and thus a warrant was not necessary. (People v. Chavez, supra, 161 Cal.App.4th at pp. 1500-1501.)

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