What is the test for subjective intent in the context of probable cause under the Fourth Amendment?
California, United States of America
The following excerpt is from People v. Abel G. (In re Abel G.), G050765 (Cal. App. 2015):
that the officer does not have the state of mind which is hypothecated by the reasons which provide the legal justification for the officer's action does not invalidate the action taken as long as the circumstances, viewed objectively, justify that action.'" (Whren v. United States (1996) 517 U.S. 806, 813.) In other words, "Subjective intentions play no role in ordinary, probable-cause Fourth Amendment analysis." (Ibid.)
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