What is the current state of the law on the constitutionality of searches under the Fourth Amendment?

California, United States of America


The following excerpt is from People v. Jones, 180 Cal.Rptr.3d 407, 231 Cal.App.4th 1257 (Cal. App. 2014):

In Maryland v. King, the court also observed that " [T]he Fourth Amendment's proper function is to constrain, not against all intrusions as such, but against intrusions which are not justified in the circumstances, or which are made in an improper manner. " ( Maryland v. King, supra, 133 S.Ct. at p.1969, quoting Schmerber, supra, 384 U.S. at p. 768, 86 S.Ct. 1826.) "As the text of the Fourth Amendment indicates, the ultimate measure of the constitutionality of a governmental search is reasonableness " and the reasonableness of any bodily intrusions must be considered in the context of an individual's

[180 Cal.Rptr.3d 416]

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