What is the test for obtaining a warrant to search a residence without further inquiry?

California, United States of America


The following excerpt is from People v. Ramirez, A099374. (Cal. App. 2003):

to reasonable belief that consenting party has authority over the premises to be searched; if not, warrantless entry without further inquiry is unlawful unless authority actually exists].) That is, unless the circumstances are such as to otherwise justify a warrantless search of a room or area under the sole control of a nonprobationer (e.g., exigent circumstances), officers wishing to search such a room or area must obtain a search warrant to do so." (People v. Woods, supra, 21 Cal.4th at p. 682.)

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