What is the test for a search and seizure under the Fourth Amendment?

California, United States of America


The following excerpt is from People v. McKinnon, S077166 (Cal. 2011):

and seizure in violation of the Fourth Amendment. Second, he asserted that his possession of the bullets was not admissible under factor (b) as "criminal activity . . . involv[ing] the use or attempted use of force or violence." After holding an evidentiary hearing (see People v. Phillips (1985) 41 Cal.3d 29, 72-73, fn. 25), the trial court denied the motion, finding that the search and seizure were constitutional, and that the evidence was admissible under factor (b).

Other Questions


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)
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 constitutes a "seizure" under the Fourth Amendment for Fourth Amendment purposes? (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 probable cause under the Fourth Amendment and what are the exceptions to search and seizure? (California, United States of America)
Is a search of two suitcases a seizure under the Fourth Amendment? (California, United States of America)
What is the test under the Fourth Amendment of search and seizure? (California, United States of America)
What are the implications of the Fourth Amendment when it comes to the search and seizure of electronic communications? (California, United States of America)
Can a defendant waive his Fourth Amendment right against unreasonable searches and seizures as a condition of probation? (California, United States of America)
What is the test for a defendant to challenge a search or seizure under the Fourth Amendment? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.