What is the test for obtaining a search warrant under the Fourth Amendment?
California, United States of America
The following excerpt is from People v. Caudillo, C077673 (Cal. App. 2018):
An established exception to the warrant requirement of the Fourth Amendment is "a search incident to a lawful arrest." (United States v. Robinson (1973) 414 U.S. 218, 235 [38 L.Ed.2d 427, 477].) "A custodial arrest of a suspect based on probable cause is a reasonable intrusion under the Fourth Amendment; that intrusion being lawful, a search incident to the arrest requires no additional justification." (Id. at p. 235.)
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