What is the current state of the law in the context of a search and seizure?

California, United States of America


The following excerpt is from People v. Wright, A132689 (Cal. App. 2013):

Defendant also points out that the arresting officers did not themselves articulate this explanation for their conduct. When assessing the validity of a search or seizure, however, we apply an "objective standard," rather than relying on the "subjective state of mind" of the officers. (People v. Woods (1999) 21 Cal.4th 668, 680; see also Gillan v. City of San Marino (2007) 147 Cal.App.4th 1033, 1045 [" 'Subjective intentions play no role in ordinary, probable-cause Fourth Amendment analysis.' [Citation.] Probable cause is measured by an objective standard based on the information known to the arresting officer, rather than a subjective standard that would take into account the arresting officer's actual motivations or beliefs."].)

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