What is the test for reasonableness in the Fourth Amendment and how does the equal protection clause in the Fourteenth Amendment apply?

California, United States of America


The following excerpt is from People v. McKay, 117 Cal.Rptr.2d 236, 27 Cal.4th 601, 41 P.3d 59 (Cal. 2002):

25. I am of the opinion that the Fourth Amendment's reasonableness requirement, when read as broadly as it was written, includes within it a distaste for the discriminatory evils that the equal protection clause of the Fourteenth Amendment was designed to prevent. Moreover, one need not resort to the equal protection clause to challenge pretextual police conduct, when such inequitable behavior is inherently "unreasonable" under the Fourth Amendment. After all, "[t]he security of one's privacy against arbitrary intrusion by the policewhich is at the core of the Fourth Amendment-is basic to a free society." (Wolf v. Colorado (1949) 338 U.S. 25, 27, 69 S.Ct. 1359, 93 L.Ed. 1782, italics added.)

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