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

California, United States of America


The following excerpt is from Hill v. National Collegiate Athletic Ass'n, 1 Cal.App.4th 1398, 273 Cal.Rptr. 402 (Cal. App. 1990):

Outside the criminal context, the Fourth Amendment does not proscribe all searches and seizures, but only those that are unreasonable. Reasonableness depends on all the circumstances surrounding the search or seizure and the nature of the search or seizure itself. Therefore, the permissibility of a particular practice is judged by balancing the intrusion on the individual's Fourth Amendment interests against its promotion of legitimate governmental interests. (Skinner v. Railway Labor Executives Ass'n (1989) 489 U.S. 602, 619, 109 S.Ct. 1402, 1414, 103 L.Ed.2d 639.)

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