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

California, United States of America


The following excerpt is from People v. McKinnon, S077166 (Cal. 2011):

and seizure in violation of the Fourth Amendment. Second, he asserted that his possession of the bullets was not admissible under factor (b) as "criminal activity . . . involv[ing] the use or attempted use of force or violence." After holding an evidentiary hearing (see People v. Phillips (1985) 41 Cal.3d 29, 72-73, fn. 25), the trial court denied the motion, finding that the search and seizure were constitutional, and that the evidence was admissible under factor (b).

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