What is the test for obtaining a warrant for search and seizure without a judicial review?

MultiRegion, United States of America

The following excerpt is from United States v. Bisso, Case No.: 6:17-mj-00009-MJS-1 (E.D. Cal. 2017):

"[S]earches and seizures conducted outside the judicial process, without prior approval by judge or magistrate, are per se unreasonable under the Fourth Amendmentsubject only to a few specifically established and well delineated exceptions." Minnesota v. Dickerson, 508 U.S. 366, 372 (1993) (citations and internal quotation marks omitted). When a defendant moves to suppress evidence, the government bears the burden of proving by a preponderance of the evidence that a warrantless search or seizure falls within one of the delineated exceptions to the warrant requirement. See United States v. Huguez-Ibarra, 954 F.2d 546, 551 (9th Cir. 1992).

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