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. Bryant, B266072 (Cal. App. 2016):

"The Fourth Amendment provides in relevant part that the 'right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.' The Amendment establishes a simple baseline, one that for much of our history formed the exclusive basis for its protections: When 'the Government obtains information by physically intruding' on persons, houses, papers, or effects, 'a "search" within the original meaning of the Fourth Amendment' has 'undoubtedly occurred.' " (Florida v. Jardines (2013) 133 S.Ct. 1409, 1414.) Because the "physical entry of the home is the chief evil against which the wording of the Fourth Amendment is directed . . . [, it] is a 'basic principle of Fourth Amendment law' that searches and seizures inside a home

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without a warrant are presumptively unreasonable." (Payton v. New York (1980) 445 U.S. 573, 585-586, internal quotation marks omitted.)

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