What is the test for a search warrant issued by a police officer in the context of search warrant application?

California, United States of America


The following excerpt is from People v. Brisendine, 119 Cal.Rptr. 315, 13 Cal.3d 528, 531 P.2d 1099 (Cal. 1975):

But this conclusion does not end our inquiry, for it is well settled that 'a search which is reasonable in its inception may violate the Fourth Amendment by virtue of its intolerable intensity and scope.' (Terry v. Ohio (1968) supra, 392 U.S. 1, 17--18, 88 S.Ct. 1868, 1878, 20 L.Ed.2d 889.) The issue is thus dual: 'whether the officer's action was justified at its inception, and whether it was reasonably related in scope to the circumstances which justified the interference in the first place.' (Id. at p. 20, 88 S.Ct. at p. 1879.)

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