What is the test to be applied under the Fourth Amendment on search and seizure?
California, United States of America
The following excerpt is from People v. Superior Court In and For Butte County, 275 Cal.App.2d 489, 79 Cal.Rptr. 904 (Cal. App. 1969):
Schwimmer v. United States (8 Cir.1956) 232 F.2d 855, 861, states: 'In general terms, the test to be applied * * * (under the Fourth Amendment on a search and seizure question generally) is whether the thing done or attempted to be done, in the sum of its form, scope, nature, incidents and effect, impresses as being fundamentally unfair or unreasonable in the specific situation, when the immediate end sought is considered against the private right affected.'
"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.
