What is the test for obtaining a search warrant to search a person's home?

California, United States of America


The following excerpt is from Quackenbush, In re, 41 Cal.App.4th 1301, 49 Cal.Rptr.2d 147 (Cal. App. 1996):

The Fourth Amendment to the United States Constitution provides against unreasonable searches and seizures of a person's house, papers and effects. Except in certain carefully defined classes of cases, a search of private property without proper consent is unreasonable unless it has been authorized by a valid search warrant. (Camara v. Municipal Court, supra, 387 U.S. 523, 528-529, 87 S.Ct. 1727, 1730-1731, 18 L.Ed.2d 930, 935-936.)

Other Questions


Does the affidavit supporting a search warrant invalidate the search warrant for a home searched for a stolen gun after the original warrant was issued? (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)
Can a search warrant be used to search a person's home without the proper search warrant? (California, United States of America)
If a search warrant is obtained to search a house for shoes and/or clothes in connection with 5/9 Brims gang colors, is the search warrant supported by other lawfully obtained information? (California, United States of America)
Does the search of a person by a search warrant constitute a search of the person? (California, United States of America)
If a search warrant was obtained during a search and seizure of a shotgun, would the search warrant be invalid as fruit of the poisonous tree? (California, United States of America)
What is the test for obtaining a warrant to search a person without a search warrant? (California, United States of America)
When can the police obtain a search warrant to search a house without obtaining a warrant? (California, United States of America)
Can a search warrant be used to search a person's home without a warrant? (California, United States of America)
What is the test for obtaining a warrant to search a person's home without a 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.