What is the test for obtaining a warrant to search a home without a warrant?

MultiRegion, United States of America

The following excerpt is from Kaminsky v. Schriro, No. 18-403 (2nd Cir. 2019):

"[A] warrant is generally required for a search of a home, but the ultimate touchstone of the Fourth Amendment is reasonableness." Fernandez v. California, 571 U.S. 292, 298 (2014).

Page 5

"A warrantless consent search is reasonable and thus consistent with the Fourth Amendment irrespective of the availability of a warrant." Id. at 306. "[T]he lawful occupant of a house or apartment should have the right to invite the police to enter the dwelling and conduct a search." Id. at 307. "It would be unreasonableindeed, absurdto require police officers to obtain a warrant when the sole owner or occupant of a house or apartment voluntarily consents to a search." Id. at 298. However, "[t]he consent must be a product of that individual's free and unconstrained choice, rather than a mere acquiescence in a show of authority." United States v. Iverson, 897 F.3d 450, 458 (2d Cir. 2018). "Determination of whether such an individual has so consented requires a fact-based inquiry that considers the totality of all the circumstances." Id.

Other Questions


Does the government have to obtain a search warrant to search for evidence that the search warrant was obtained without a warrant? (MultiRegion, United States of America)
When a search warrant is issued, can the search warrant be used to search for a suspect who has been detained without a warrant? (MultiRegion, United States of America)
Is there any case law where a search warrant can be used to search a person's home without the search warrant being issued? (MultiRegion, United States of America)
What is the test for obtaining a warrant to search a person's home without a search warrant? (MultiRegion, United States of America)
What is the test for obtaining a conventional warrant for a second search warrant based on information obtained from a surreptitious search? (MultiRegion, United States of America)
What is the test for obtaining a warrant to search a passenger's luggage without a search warrant? (MultiRegion, United States of America)
What is the test for obtaining a search warrant for search warrants for searches of electronic cigarettes and electronic cigarettes? (MultiRegion, United States of America)
What is the impact of section 2.256(8) of the Criminal Code on the search warrant used to obtain a search warrant for a speech-gathering warrant? (MultiRegion, United States of America)
Is a state-issued wiretap warrant permissible to obtain communications that have been obtained without a search warrant? (MultiRegion, United States of America)
Can a recording without a warrant be obtained without a search warrant? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.