What is the test for obtaining a search warrant to search a business premises?

California, United States of America


The following excerpt is from People v. Cupp, A142663 (Cal. App. 2018):

3. Specifically, the trial court opined: "[C]ertainly there was sufficient ties to that property, and looking for a paper case, fictitious, fraudulent documents, which could be found on small data devices, computers, file cabinets, writings, they could be located anywhere. And certainly it is very reasonable to believe with a small business or those that are loosely organized and operated, that, in fact, it is probably more likely that you will find evidence within the private residence of the subject of the search warrant than you would actually at the . . . business location." (See also People v. Gallegos (2002) 96 Cal.App.4th 612, 626 ["Because the warrant authorized a search for documents, the officers could properly search anywhere documents might reasonably be found. Documents may be stored in many areas of a home, car, motor home or garage"].)

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