What is a search and detention under the Fourth Amendment?
California, United States of America
The following excerpt is from People v. I.I. (In re I.I.), B300371 (Cal. App. 2020):
The Fourth Amendment prohibits "unreasonable searches and seizures." A temporary detention of a person is a "seizure" within the meaning of the Fourth Amendment and a "frisk" is a search. (Terry v. Ohio, supra, 392 U.S. at pp. 8, 16.) "A detention is reasonable under the Fourth Amendment when the detaining officer can point to specific articulable facts that, considered in the light of the totality of the circumstances, provide some objective manifestation that the person detained may be involved in criminal activity." (Souza, supra, 9 Cal.4th at p. 231.)
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