What is the test for a warrantless entry, detention, search and detention, and backpack search?

California, United States of America


The following excerpt is from People v. Tate, F076798 (Cal. App. 2020):

The record shows the officers encountered defendant in the backyard of the residence. "[I]t is clear that the backyard was part of the curtilage of the residence" (People v. Thompson, supra, 221 Cal.App.3d at p. 941) and the officers did not have a search warrant. Defendant also stresses "[t]here was no evidence that the officers obtained permission from the homeowner, or anyone present, to enter the property." However, while the warrantless entry may have violated the Fourth Amendment rights of the homeowner, "[t]here is nothing in the [record] . . . to even suggest who, if anyone, lived on the premises . . . ." (People v. Thompson, supra, at p. 933.) Without proof defendant was a resident, guest, or anyone else with a reasonable expectation of privacy in the property, he "wholly failed to establish his own Fourth Amendment rights were violated" with respect to the entry (ibid.) and therefore cannot challenge the intrusion.

ii. Detention, patdown search, and backpack search

"Time and again, [the United States Supreme] Court has observed that searches and seizures ' "conducted outside the judicial process, without prior approval by judge or magistrate, are per se unreasonable under the Fourth Amendmentsubject only to a few specifically established and well delineated exceptions." ' [Citations.]" (Minnesota v. Dickerson (1993) 508 U.S. 366, 372 (Dickerson).)

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