Is the detention and search of a motorcyclist pursuant to the Fourth Amendment?
California, United States of America
The following excerpt is from People v. Romero, 2d Crim. No. B250877 (Cal. App. 2015):
Thus, the detention and search comported with the Fourth Amendment. It makes no difference that the officers may never have cited Horn for the Vehicle Code violation. "If, in the abstract, the officer does no more than he or she is legally permitted to do, regardless of the subjective intent with which it was done, the arrest and search are objectively reasonable and constitutionally proper." (People v. Miranda (1993) 17 Cal.App.4th 917, 924-925.)
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