Does a district court's finding of shockingness under the Fifth Amendment necessarily incorporate a finding of unreasonableness under the Fourth Amendment?
MultiRegion, United States of America
The following excerpt is from U.S. v. Penn, 647 F.2d 876 (9th Cir. 1980):
2 The district court's finding of shockingness under the Fifth Amendment necessarily incorporates a finding of unreasonableness under the Fourth Amendment. See Blackford v. United States, 247 F.2d 745, 750 (9th Cir. 1957). The majority treats the reasonableness determination as a question of law, although recognizing that it must be based on the facts and circumstances of each case. I would give greater deference to the trial court's finding under the "clearly erroneous" standard of review.
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