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. Hernandez, C075574 (Cal. App. 2015):

" '[T]he "physical entry of the home is the chief evil against which the wording of the Fourth Amendment is directed." ' [Citation.] Thus, 'searches and seizures inside a home without a warrant are presumptively unreasonable.' [Citation.] 'Nevertheless, because the ultimate touchstone of the Fourth Amendment is "reasonableness," the warrant requirement is subject to certain exceptions.' " (People v. Troyer (2011) 51 Cal.4th 599, 602.) One such exception is "where consent to the search has been given"

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