What is the legal test used to determine whether a search occurred under the Fourth Amendment?

California, United States of America


The following excerpt is from Jones v. Su, A137942 (Cal. App. 2014):

In deciding whether a search occurred, "[t]he 'ultimate standard set forth in the Fourth Amendment is reasonableness' . . . [and] we ask two threshold questions. First, did the defendant exhibit a subjective expectation of privacy? Second, is such an expectation objectively reasonable, that is, is the expectation that one society is willing to recognize as reasonable? [Citations.]" (People v. Camacho (2000) 23 Cal.4th 824, 830-831.) Here, we will assume plaintiff exhibited a subjective expectation of privacy, in that she did not expect DLSE deputies to enter onto her private property without advance notice. We thus turn to address whether, under all the facts, her expectation of privacy was objectively reasonable.

Other Questions


What is the test for determining whether a search warrant can be used to determine whether or not a search and seizure of a suspect was unlawful? (California, United States of America)
When reviewing a ruling on a motion to exclude evidence from a search warrant, what is the test for determining whether the search did not violate the Fourth Amendment? (California, United States of America)
In reviewing a suppression ruling in a search and seizure case, what is the test for determining whether a search or seizure under the Fourth Amendment satisfied? (California, United States of America)
What is the test for determining whether a Fourth Amendment violation has occurred? (California, United States of America)
What is the test for determining whether a search warrant has to be issued to search a vehicle that has been stopped and searched by police? (California, United States of America)
What is the test for determining whether a search or seizure was reasonable 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)
Does the search and detention of a man under the Fourth Amendment violate his Fourth Amendment rights? (California, United States of America)
What is the test for determining whether a search warrant violated the Fourth Amendment? (California, United States of America)
What is the test for determining whether a search or seizure under the Fourth Amendment can take longer or longer? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.