What are the implications of the Fourth Amendment in the context of search and seizure?

California, United States of America


The following excerpt is from In re Richard B., E041729 (Cal. App. 8/14/2007), E041729 (Cal. App. 2007):

"The Fourth Amendment to the United States Constitution provides that `The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated . . . .' The protections afforded by the Fourth Amendment have been held to be applicable to the states through the due process clause of the Fourteenth Amendment. [Citation.] In deciding the reasonableness of the search and seizure at issue here, we are bound by the lower court's findings of fact so long as they are supported by substantial evidence. [Citation.] We determine independently, however, the legal issue of whether, on the facts found, the search was reasonable within the meaning of the Constitution. [Citation.]" (People v. Gorrostieta (1993) 19 Cal.App.4th 71, 80; see also Ornelas v. U.S. (1996) 517 U.S. 690 [116 S.Ct. 1657, 134 L.Ed.2d 911].)

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