What is the current state of the law on the right to search and seizure by police officers under the Fourth Amendment?

California, United States of America


The following excerpt is from People v. Heinrichs, H040401 (Cal. App. 2015):

The Fourth Amendment to the United States Constitution guarantees the right to be free of unreasonable searches and seizures by law enforcement personnel. (People v. Maury (2003) 30 Cal.4th 342, 384.) However, "an officer may, consistent with the Fourth Amendment, conduct a brief, investigatory stop when the officer has a reasonable, articulable suspicion that criminal activity is afoot." (Illinois v. Wardlow (2000) 528 U.S. 119, 123.) " 'Although police officers may not arrest or search a suspect without probable cause and an exception to the warrant requirement, they may temporarily detain a suspect based only on a "reasonable suspicion" that the suspect has committed or is about to commit a crime.' " (People v. Durazo (2004) 124 Cal.App.4th 728, 734.) In evaluating a particular detention, the reviewing court must consider the " 'totality of the circumstances--the whole picture' . . . ." (Alabama v. White (1990) 496 U.S. 325, 330.)

2. Analysis

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