What is the test for a search and seizure without a warrant under the Fourth Amendment?

California, United States of America


The following excerpt is from Perez v. Superior Court In and For Orange County, 250 Cal.App.2d 695, 58 Cal.Rptr. 635 (Cal. App. 1967):

'(T)he true rule is that if the search and seizure without a warrant are made upon probable cause, that is, upon a belief, reasonably rising out of circumstances known to the seizing officer, that an automobile or other vehicle contains that which by law is subject to seizure and destruction, the search and seizure are valid. The Fourth Amendment is to be construed in the light of what was deemed an unreasonable search and seizure when it was adopted, and in a manner which will conserve public interests as well as the interests and rights of individual citizens.' (Carroll v. United States, supra, 267 U.S. 132, 149, 45 S.Ct. 280, 283--284, 69 L.Ed. 543.)

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