What is the test for reasonable detention under the Fourth Amendment?

California, United States of America


The following excerpt is from People v. Melvin, F067516 (Cal. App. 2015):

There is no dispute that appellant was detained for investigation. She contends that she was unlawfully detained. "A detention is reasonable under the Fourth Amendment when the detaining officer can point to specific articulable facts that, considered in light of the totality of the circumstances, provide some objective manifestation that the person detained may be involved in criminal activity." (People v. Souza (1994) 9 Cal.4th 224, 231.)

Other Questions


Does the search and detention of a man under the Fourth Amendment violate his Fourth Amendment rights? (California, United States of America)
Does a Fourth Amendment balancing of the legitimate governmental interests in arrest against the reasonable expectation of privacy under the Fourth Amendment reveal the unreasonableness of a defendant's arrest and search? (California, United States of America)
Is detention reasonable under the Fourth Amendment? (California, United States of America)
What is the test for reasonableness in the Fourth Amendment and how does the equal protection clause in the Fourteenth Amendment apply? (California, United States of America)
What is the test for reasonable detention under the Fourth Amendment? (California, United States of America)
What is the test for reasonable detention under the Fourth Amendment? (California, United States of America)
What is a reasonable detention under the Fourth Amendment? (California, United States of America)
Is a temporary investigative detention reasonable under the Fourth Amendment? (California, United States of America)
Is the reputation of an area with a reputation for criminal activity a factor in determining whether an investigative detention is reasonable under the Fourth Amendment? (California, United States of America)
Is detention reasonable under the Fourth Amendment? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.