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

California, United States of America


The following excerpt is from People v. Chavez, B226610 (Cal. App. 2011):

"'"[W]arrants are generally required to search a person's home or his person unless 'the exigencies of the situation' make the needs of law enforcement so compelling that the warrantless search is objectively reasonable under the Fourth Amendment."' (Brigham City v. Stuart (2006) 547 U.S. 398, 403 [164 L.Ed.2d 650, 126 S.Ct. 1943] (Brigham City).) One such exigency is presented by '"'[t]he need to protect or preserve life or avoid serious injury . . . .'" [Citations.] Accordingly, law enforcement officers may enter a home without a warrant to render emergency assistance to an injured

Page 7

occupant or to protect an occupant from imminent injury.' (Ibid) Moreover, '[a]n action is "reasonable" under the Fourth Amendment, regardless of the individual officer's state of mind, "as long as the circumstances, viewed objectively, justify [the] action." [Citation.] The officer's subjective motivation is irrelevant.' (Id. at p. 404.) Our Supreme Court is in accord. '[T]he exigent circumstances doctrine constitutes an exception to the warrant requirement when an emergency situation requires swift action to prevent imminent danger to life. [Citation.] . . . In this regard, "'"[t]here is no ready litmus test for determining whether such circumstances exist, and in each case the claim of an extraordinary situation must be measured by the facts known to the officers."'" [Citation.] Generally, a court will find a warrantless entry justified if the facts available to the officer at the moment of the entry would cause a person of reasonable caution to believe that the action taken was appropriate.' (Rogers, supra, 46 Cal.4th at pp. 1156-1157, italics added.)" (People v. Hochstraser (2009) 178 Cal.App.4th 883, 895.)

Other Questions


When can the police obtain a search warrant to search a house without obtaining a warrant? (California, United States of America)
Can a search of an automobile without a warrant be conducted without obtaining a search warrant? (California, United States of America)
Can a search warrant be used to search a person's home without the proper search warrant? (California, United States of America)
If a search warrant is obtained to search a house for shoes and/or clothes in connection with 5/9 Brims gang colors, is the search warrant supported by other lawfully obtained information? (California, United States of America)
Does the exclusionary rule apply when an officer acting with objective good faith has obtained a search warrant for the search warrant under the Golden Gate Drive search warrant? (California, United States of America)
What is the test for obtaining a warrant to search a person without a search warrant? (California, United States of America)
What is the test for obtaining a search warrant for a search without a warrant? (California, United States of America)
Can a search warrant be used to search a person's home without a warrant? (California, United States of America)
Does a search warrant need to be obtained to obtain access to a user's e-mail address without a warrant? (California, United States of America)
When a search and/or seizure is conducted without a warrant, what is the test for obtaining a search warrant? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.