What is the test for securing a search warrant for a search without a warrant?
California, United States of America
The following excerpt is from People v. Remiro, 153 Cal.Rptr. 89, 89 Cal.App.3d 809 (Cal. App. 1979):
The securing of a search warrant despite the known existence of and reliance upon two alternate grounds for the search, either one of which alone would justify the search, does not detract from the validity of either such alternate ground. (People v. Sirhan, supra, 7 Cal.3d at p. 739, fn. 17, 102 Cal.Rptr. 385, 497 P.2d 1121.) In this area the experienced officer knows that a misjudgment can never be retrieved and caution therefore is the better part of discretion.
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