What is the test for a search that would have been lawful even if the search was conducted without the consent of federal agents?
MultiRegion, United States of America
The following excerpt is from Corngold v. United States, 367 F.2d 1 (9th Cir. 1966):
4 If such a search does not meet Fourth Amendment standards, evidence which it discloses is excludable even though the search would have been lawful had the federal agents not participated. Lustig v. United States, supra, 338 U.S. at 79, 69 S.Ct. 1372; Byars v. United States, supra, 273 U.S. at 29, 47 S.Ct. 248.
5 See note 3.
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