In a search warrant application, what is the test for determining whether a search can be conducted in search warrants?

California, United States of America


The following excerpt is from People v. A.R. (In re A.R.), H043224 (Cal. App. 2018):

the credibility of the witnesses, resolve any conflicts in the testimony, weigh the evidence and draw factual inferences in deciding whether a search is constitutionally unreasonable. . . . But while we defer to the superior court's express and implied factual findings if they are supported by substantial evidence, we exercise our independent judgment in determining the legality of a search on the facts so found. [Citations.]" (People v. Woods (1999) 21 Cal.4th 668, 673-674 (Woods).)

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