What is the test for determining whether the authorities engaged in an unreasonable search and/or seizure?

California, United States of America


The following excerpt is from People v. Young, 203 Cal.Rptr.3d 153, 247 Cal.App.4th 972 (Cal. App. 2016):

Defendant argues a question of statutory interpretation and not of fact. Accordingly, we independently review his argument to determine whether, as a matter of law, the authorities engaged in acts constituting an unreasonable search and/or seizure. (See People v. Ayala (2000) 23 Cal.4th 225, 255, 96 Cal.Rptr.2d 682, 1 P.3d 3.)

In construing statutes, we aim to ascertain the intent of the enacting legislative body so that we may adopt the construction that best effectuates the purpose of the law. [Citations.] We look first to the words of the statute, because the statutory language is generally the most reliable indicator of legislative intent. [Citations.] [] When the statutory text is ambiguous, or it otherwise fails to resolve the question of its intended meaning, courts look to the statute's legislative history and the historical circumstances behind its enactment. [Citation.] Finally, the court may consider the likely effects of a proposed interpretation because [w]here uncertainty exists consideration should be given to the consequences that will flow from a particular interpretation. [Citation.] The intent prevails over the letter, and the letter will, if possible be so read as to conform to the spirit of the act. (People v. Nelson (2011) 200 Cal.App.4th 1083, 1097, 132 Cal.Rptr.3d 856.)

Other Questions


What is the test for determining whether a search warrant can be used to determine whether or not a search and seizure of a suspect was unlawful? (California, United States of America)
In reviewing a suppression ruling in a search and seizure case, what is the test for determining whether a search or seizure under the Fourth Amendment satisfied? (California, United States of America)
What is the test for determining whether a search warrant has to be issued to search a vehicle that has been stopped and searched by police? (California, United States of America)
If a search warrant authorizes a search, can the warrant authorizations to search the bag be added to the warrant? (California, United States of America)
When reviewing a motion to suppress a search warrant application, what is the test for determining whether the search or seizure was reasonable? (California, United States of America)
In a search warrant application, what is the test for determining whether a search can be conducted in search warrants? (California, United States of America)
When reviewing a motion to suppress a search warrant application, what is the test for determining whether the search or seizure was reasonable? (California, United States of America)
On appeal from a denial of a motion to suppress, what is the test for determining whether search and seizure was reasonable? (California, United States of America)
In what circumstances will the courts consider whether a search warrant can be used to search for a searchable searchable document in a search for evidence of criminal activity? (California, United States of America)
Does section 669 of the California Criminal Code apply to determine whether a determinate or determinate sentence should run concurrently with an indeterminate sentence? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.