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. Gorostiza, F056096 (Cal. App. 11/30/2009), F056096. (Cal. App. 2009):
One of the exceptions to the warrant requirement is where the officer has obtained legally adequate consent. "A consensual search may not legally exceed the scope of the consent supporting it. [Citation.] Whether the search remained within the boundaries of the consent is a question of fact to be determined from the totality of circumstances. [Citation.]" (People v. Crenshaw (1992) 9 Cal.App.4th 1403, 1408.)
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