What is the remedy for a search and seizure under the Fourth Amendment?

California, United States of America


The following excerpt is from People v. Rossetti, 179 Cal.Rptr.3d 148, 230 Cal.App.4th 1070 (Cal. App. 2014):

1 In relevant part, the Fourth Amendment states, The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.... (See Mapp v. Ohio (1961) 367 U.S. 643, 646, fn. 4, 81 S.Ct. 1684, 6 L.Ed.2d 1081.) The purpose of this provision is to protect people from unreasonable search and seizure, and it applies to the states through the Fourteenth Amendment. (Id. at p. 650, 81 S.Ct. 1684.) The remedy for a violation of the Fourth Amendment is to render inadmissible any evidence seized during the illegal search. (Id. at pp. 654655, 81 S.Ct. 1684.)

1 In relevant part, the Fourth Amendment states, The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.... (See Mapp v. Ohio (1961) 367 U.S. 643, 646, fn. 4, 81 S.Ct. 1684, 6 L.Ed.2d 1081.) The purpose of this provision is to protect people from unreasonable search and seizure, and it applies to the states through the Fourteenth Amendment. (Id. at p. 650, 81 S.Ct. 1684.) The remedy for a violation of the Fourth Amendment is to render inadmissible any evidence seized during the illegal search. (Id. at pp. 654655, 81 S.Ct. 1684.)

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