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

California, United States of America


The following excerpt is from People v. Jacobs, 233 Cal.Rptr. 323, 43 Cal.3d 472, 729 P.2d 757 (Cal. 1987):

The remaining goal of the statute, to protect an occupant's privacy interest, was also satisfied by the police conduct in this case. First, they obtained a warrant; its very existence necessarily casts some limitations on an individual's right of privacy. Second, defendant's home was not suddenly or violently invaded; the police knocked on the door and politely requested admittance. Finally, the police were peaceably admitted; thus there was no danger of "unexpected exposure of private activities." (United States v. Bustamante-Gamez (9th Cir.1973) 488 F.2d 4, 12.)

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