What is the test for obtaining a search warrant for a search without a warrant?

California, United States of America


The following excerpt is from People v. Frank, 214 Cal.Rptr. 801, 38 Cal.3d 711, 700 P.2d 415 (Cal. 1985):

[700 P.2d 435] It is "axiomatic" that a warrant can authorize a search no broader "than the facts supporting its issuance." (Burrows v. Superior Court (1974) 13 Cal.3d 238, 250, 118 Cal.Rptr. 166, 529 P.2d 590, citation omitted.) The Constitution's requirement of specificity requires that the affidavit set forth a factual basis for inclusion in the warrant of each of the items to be seized.

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