What is the test for determining whether a search warrant can be used to determine whether or not a search and seizure of a suspect was unlawful?

California, United States of America


The following excerpt is from Carlos M., In re, 220 Cal.App.3d 372, 269 Cal.Rptr. 447 (Cal. App. 1990):

Even if we assume that other methods might have been available and less intrusive, we will not declare the methods chosen to be constitutionally unreasonable merely because "creative ... post hoc evaluation[s] [allow judges to] imagine some alternative [less intrusive] means by which the objectives of the police might have been accomplished." (United States v. Sharpe (1985) 470 U.S. 675, 686-687, 105 S.Ct. 1568, 1575-1576, 84 L.Ed.2d 605.)

C. The Transport Detention Was Not an Unlawful De Facto Arrest

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