What is the test for vicariously asserting another's right to be free from unreasonable searches and seizures?
California, United States of America
The following excerpt is from People v. Hamilton, 168 Cal.App.3d 1058, 214 Cal.Rptr. 596 (Cal. App. 1985):
"In California, one may vicariously assert another's right to be free from unreasonable searches and seizures: evidence obtained in violation of constitutional guarantees is inadmissible whether or not it was obtained in violation of a particular defendant's constitutional rights. People v. Martin (1955) 45 Cal.2d 755 [290 P.2d 855]."
The People did not respond to the petition. This court denied the petition and stated:
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
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)
If a search warrant was obtained during a search and seizure of a shotgun, would the search warrant be invalid as fruit of the poisonous tree? (California, United States of America)
Can a motion to suppress a search and seizure under section 1538.5 of the California Penal Code, or can the failure to properly advise him of his rights, and to obtain a valid waiver of those rights? (California, United States of America)
What is the test for a probationer to waive the Fourth Amendment right to be free from unreasonable searches and seizures on a plea to be on probation? (California, United States of America)
What is the test for a search warrant issued by the California Superior Court of Justice for a stop and seizure of a car in the middle of the night, and what is the effect of this search and seizure? (California, United States of America)
Can a defendant waive his Fourth Amendment right against unreasonable searches and seizures as a condition of probation? (California, United States of America)
What is the test for asserting a Fourth Amendment right to privacy in a search and seizure? (California, United States of America)
What is the test for a motion to suppress evidence on the grounds that search or seizure without a warrant was unreasonable? (California, United States of America)
What is the effect of the vicarious exclusionary rule on police misconduct in search and seizure cases? (California, United States of America)
What is the burden of proving consent when a search warrant is sought for search and seizure? (California, United States of America)
