What is the remedy available for a violation of one's Fourth Amendment rights?

California, United States of America


The following excerpt is from People v. COX, 168 Cal.App.4th 702, 85 Cal.Rptr.3d 716 (Cal. App. 2009):

[9] The general remedy available for a violation of one's Fourth Amendment rights is that the evidence discovered as a result of the violation is excluded. The question here is whether, granting establishment of the primary illegality, the evidence to which instant objection is made has been come at by exploitation of that illegality or instead by means sufficiently distinguishable to be purged of the primary taint. ( Wong Sun v. United States (1963) 371 U.S. 471, 488, 83 S.Ct. 407, 417, 9 L.Ed.2d 441, 455.)

Other Questions


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 burden of establishing that the applicant of a motion to suppress has his own Fourth Amendment rights violated? (California, United States of America)
What is the remedy for a violation of a defendant's Fifth Amendment double jeopardy right? (California, United States of America)
When a police officer arrested defendant for a violation of section 21510 of the Virginia Criminal Code because he failed to produce identification upon request by the Attorney General, does the arrest violate the Fourth Amendment? (California, United States of America)
Is there any case law where DNA obtained from a PAS device was obtained in violation of a defendant's Fourth Amendment right? (California, United States of America)
Can a police officer stop a vehicle and investigate without violating the driver's rights under the Fourth Amendment? (California, United States of America)
What is the evidence supporting the finding that the detention was not unreasonably prolonged and that appellant's Fourth Amendment rights were not violated? (California, United States of America)
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)
What is the test for damages under Section 1983 of the Civil Rights Act when an arrest without probable cause violates the Fourth Amendment? (California, United States of America)
Can a charge of violating section 148, subdivision (a)(1) be found true if the officer was acting in violation of the Fourth Amendment? (California, United States of America)
X



Whitelogo nobg 300dpi sm


"The most advanced legal research software ever built."


Trusted by top litigators from across North America.