What is the test for a search that violates the Fourth Amendment?

California, United States of America


The following excerpt is from Pendergraft v. Superior Court, 15 Cal.App.3d 237, 93 Cal.Rptr. 155 (Cal. App. 1971):

'* * * (J)ust as a search which is reasonable at its inception may violate the Fourth Amendment by virtue of its intolerable intensity and scope (citation), so may an investigatory detention exceed constitutional bounds when extended beyond what is reasonably necessary under the circumstances which made its initiation permissible.' (Willett v. Superior Court, 2 Cal.App.3d 555, 559, 83 Cal.Rptr. 22, 24.)

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