California, United States of America
The following excerpt is from People v. Ronald Steven Bishop, D073609 (Cal. App. 2018):
"We defer to the trial court's express and implied factual findings if supported by substantial evidence, but we independently determine the legality of the search under the Fourth Amendment. [Citation.] Because courts accord a preference to searches and seizures conducted pursuant to a search warrant, 'in a doubtful or marginal case a search under a warrant may be sustainable where without one it would fall.' " (People v. Eubanks (2011) 53 Cal.4th 110, 133.)
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