Does a Fourth Amendment balancing of the legitimate governmental interests in arrest against the reasonable expectation of privacy under the Fourth Amendment reveal the unreasonableness of a defendant's arrest and search?

California, United States of America


The following excerpt is from People v. McKay, 117 Cal.Rptr.2d 236, 27 Cal.4th 601, 41 P.3d 59 (Cal. 2002):

A similar traditional Fourth Amendment balancing of the legitimate governmental interests in arrest against the degree of intrusiveness upon an individual's privacy would reveal the unreasonableness of defendant's arrest and search in this case. (See Wyoming v. Houghton (1999) 526 U.S. 295, 300, 119 S.Ct. 1297, 143 L.Ed.2d 408 [balancing "on the one hand, the degree to which it intrudes upon an individual's privacy and, on the other, the degree to which it is needed for the promotion of legitimate governmental interests"].)24

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