What is the test for obtaining a warrant for search and seizure of evidence without a warrant?

California, United States of America


The following excerpt is from People v. Curley, 12 Cal.App.3d 732, 90 Cal.Rptr. 783 (Cal. App. 1970):

(1) The officer must have reasonable cause to believe a particular crime has been committed. This requirement is compelled by the Constitution in order to avoid the danger of exploratory searches and seizures. (Warden v. Hayden, 387 U.S. 294, 87 S.Ct. 1642, 18 L.Ed.2d 782.) It is required for a search warrant (Pen.Code, 1524(4)); it is required for an arrest without warrant (Pen.Code, 836). A fortiorari, it is required for a seizure of evidence without warrant.

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