Is a search or seizure reasonable under the Fourth Amendment?

California, United States of America


The following excerpt is from People v. Patterson, E063168 (Cal. App. 2016):

so found, the search or seizure was reasonable under the Fourth Amendment, we exercise our independent judgment."' [Citations.]" (People v. Suff, supra, 58 Cal.4th at p. 1053.)

B. There Was Probable Cause for the Traffic Stop

"The Fourth Amendment guarantees the right to be free of unreasonable searches and seizures by law enforcement personnel." (People v. Evans (2011) 200 Cal.App.4th 735, 742.) "An automobile stop is thus subject to the constitutional imperative that it not be 'unreasonable' under the circumstances. As a general matter, the decision to stop an automobile is reasonable where the police have probable cause to believe that a traffic violation has occurred." (Whren v. U.S. (1996) 517 U.S. 806, 810.) "If there is a legitimate reason for the stop, the subjective motivation of the officers is irrelevant." (People v. Lomax (2010) 49 Cal.4th 530, 564; Whren v. U.S., supra, at p. 813.)

Other Questions


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)
Can a search or seizure under the Fourth Amendment be conducted without reasonable reason? (California, United States of America)
In reviewing a suppression ruling in a search and seizure case, what is the test for determining whether a search or seizure under the Fourth Amendment satisfied? (California, United States of America)
In reviewing a denial of a motion to suppress evidence, what is the test for determining whether a search or seizure under the Fourth Amendment was reasonable? (California, United States of America)
What is the test for reasonable searches and seizures under the Fourth Amendment? (California, United States of America)
What is the test for determining whether a search or seizure was reasonable under the Fourth Amendment? (California, United States of America)
Does the search and detention of a man under the Fourth Amendment violate his Fourth Amendment rights? (California, United States of America)
What is the test for determining whether a search or seizure was reasonable under the Fourth Amendment? (California, United States of America)
Is a search or seizure under the Fourth Amendment reasonable? (California, United States of America)
Is a search or seizure under the Fourth Amendment reasonable? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.