Does the search and detention of a man under the Fourth Amendment violate his Fourth Amendment rights?

California, United States of America


The following excerpt is from The People v. Wise, B209881, No. BA319681 (Cal. App. 2010):

Wise argues that his detention and the search of his person, as well as the subsequent search of a vehicle, violated his Fourth Amendment rights because they were not supported by reasonable suspicion. In reviewing the trial court's denial of the suppression motion, we "necessarily defer to [the court's] factual findings where 'supported by substantial evidence.'" (People v. Samples (1996) 48 Cal.App.4th 1197, 1203.) "However, in 'determining whether, on the facts so found, the search or seizure was reasonable under the Fourth Amendment, we exercise our independent judgment.' [Citation.]" (Id. at pp. 1203-1204.)

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