What constitutes a detention within the meaning of the Fourth Amendment?
California, United States of America
The following excerpt is from People v. Summage, F067237 (Cal. App. 2015):
A detention within the meaning of the Fourth Amendment occurs when, in view of all of the surrounding circumstances, a reasonable person would believe that he or she was not free to leave. (United States v. Mendenhall (1980) 446 U.S. 544, 554; Wilson v. Superior Court (1983) 34 Cal.3d 777, 790.)
"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.
Other Questions
What is the meaning of the Fourteenth Amendment 3 "liberty" clause in the Fourth Amendment 3 and what is the scope of the constitutional test? (California, United States of America)
What constitutes a seizure within the meaning of the Fourth Amendment? (California, United States of America)
What constitutes a "seizure" under the Fourth Amendment for Fourth Amendment purposes? (California, United States of America)
What is the test to determine whether a place is a constitutionally protected area within the meaning of the Fourth Amendment? (California, United States of America)
Does the search and detention of a man under the Fourth Amendment violate his Fourth Amendment rights? (California, United States of America)
What constitutes a detention under the Fourth Amendment? (California, United States of America)
Is a warrantless search of a car reasonable within the meaning of the Fourth Amendment? (California, United States of America)
What constitutes a detention under the Fourth Amendment? (California, United States of America)
Does a Fourth Amendment balancing of the legitimate governmental interests in arrest against the reasonable expectation of privacy under the Fourth Amendment reveal the unreasonableness of a defendant's arrest and search? (California, United States of America)
What is the effect of an amendment to Proposition 36 of the California Constitution requiring the Attorney General to produce a copy of the law where the law is amended or amended? (California, United States of America)
