What is the test for probable cause under the Fourth Amendment and what are the exceptions to search and seizure?

California, United States of America


The following excerpt is from William G., In re, 221 Cal.Rptr. 118, 40 Cal.3d 550, 709 P.2d 1287 (Cal. 1985):

13 An overview of the Fourth Amendment's general application and exceptions places our discussion in context. The Fourth Amendment protects "the people" against "unreasonable searches and seizures" by governmental officials. Under ordinary circumstances, a search is per se unreasonable unless conducted pursuant to a judicial warrant issued on the basis of probable cause and describing with particularity the items to be seized. (United States v. Place (1983) 462 U.S. 696, 103 S.Ct. 2637, 2641, 77 L.Ed.2d 110.) Probable cause depends upon facts and circumstances which are reasonably trustworthy and sufficient to warrant a prudent person to believe that a violation of law is being, or has been, committed. (Beck v. Ohio (1964) 379 U.S. 89, 91, 85 S.Ct. 223, 225, 13 L.Ed.2d 142.)

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