California, United States of America
The following excerpt is from In re Richard B., E041729 (Cal. App. 8/14/2007), E041729 (Cal. App. 2007):
"The Fourth Amendment to the United States Constitution provides that `The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated . . . .' The protections afforded by the Fourth Amendment have been held to be applicable to the states through the due process clause of the Fourteenth Amendment. [Citation.] In deciding the reasonableness of the search and seizure at issue here, we are bound by the lower court's findings of fact so long as they are supported by substantial evidence. [Citation.] We determine independently, however, the legal issue of whether, on the facts found, the search was reasonable within the meaning of the Constitution. [Citation.]" (People v. Gorrostieta (1993) 19 Cal.App.4th 71, 80; see also Ornelas v. U.S. (1996) 517 U.S. 690 [116 S.Ct. 1657, 134 L.Ed.2d 911].)
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