What is the test for obtaining a warrant for search and seizure without a warrant?
California, United States of America
The following excerpt is from People v. Barrera, F077803 (Cal. App. 2019):
The Fourth Amendment guarantees the right to be free of unreasonable searches and seizures by law enforcement personnel. "The prosecution always bears the burden of justifying, by a preponderance of the evidence, that a warrantless search or seizure falls within a recognized exception to the warrant requirement." (People v. Gutierrez (2018) 21 Cal.App.5th 1146, 1152.)
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