What is the current state of the law in the context of the Fourth Amendment?
California, United States of America
The following excerpt is from People v. Salvador C. (In re Salvador C.), A138060 (Cal. App. 2014):
regardless of the officer's state of mind, there is no Fourth Amendment violation. (Scott v. United States (1978) 436 U.S. 128, 138.) In other words, the challenged action is examined "under a standard of objective reasonableness without regard to the underlying intent or motivation of the officers involved." (Ibid., and cases cited therein.)
"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 current state of the law in the context of the Fourth Amendment? (California, United States of America)
What is the current state of the law in the context of the Fourth Amendment? (California, United States of America)
What is the current state's position on whether the First Amendment applies to the states through the Fourteenth Amendment due process clause? (California, United States of America)
What is the current state of the law regarding the Fourth Amendment and the right to search and seizure of personal information in the context of an inspection of a residential property? (California, United States of America)
What is the current state of the law on "unreasonable stops" under the Fourth Amendment? (California, United States of America)
What is the current state of the law on "unreasonable searches" under the Fourth Amendment? (California, United States of America)
What is the current state of California Probation and Para-proceeding with the waiver of a Fourth Amendment search as a condition of probation? (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 current state of the law in the context of the Fifth Amendment? (California, United States of America)
What is the current state of the law in the context of the Fifth Amendment? (California, United States of America)
