What is the current state of the law on "unreasonable searches" under the Fourth Amendment?

California, United States of America


The following excerpt is from People v. Henderson, 220 Cal.App.3d 1632, 270 Cal.Rptr. 248 (Cal. App. 1990):

"We now recognize the constitutional encasement which renders inviolable the individual's reasonable expectation of privacy; any governmental intrusion into that privacy is an 'unreasonable search' within the meaning of the Fourth Amendment, whether that intrusion be the traditional physical search [citation] or a surreptitious auditory invasion [citations] or indeed visual intrusion [citations]." (Lorenzana v. Superior Court, supra, 9 Cal.3d 626, 639, 108 Cal.Rptr. 585, 511 P.2d 33, italics added.)

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