Man with hands in pockets who is about to get searched Wallin & Klarich Criminal Defense Lawyers

People v. Brown (2021): Police Search of Pockets without Probable Cause Unconstitutional

People v. Brown (2021): Police Search of Pockets without Probable Cause Unconstitutional In the recent case of People v. Brown, the California Court of Appeals explored the issue of whether the well-established “stop and frisk” search upheld by the Supreme Court in Terry v. Ohio, 392 U.S. 1 (1968), for the purpose of officer safety could extend to searching a suspect’s pockets where no evidence of weapons or contraband was…

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Wallin & Klarich Orange County Attorney Intrusion Lawyer Fourth Amendment Rights Lange vs. California

Your Fourth Amendment Rights May Protect You From Government Intrusion When At Your Home

Your Fourth Amendment Rights May Protect You From Government Intrusion When At Your Home  The Supreme Court ruled in a case upholding a citizen’s Fourth Amendment rights in a recent case of Lange vs California, in which police officers entered a person’s garage and cited him for driving while intoxicated.   In the case, Lang was followed home by a California Highway Patrol officer because he was playing loud music on…

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Wallin & Klarich Criminal Defense Attorney Orange County Fourth Amendment Private Search Doctrine

Does the Fourth Amendment Protect a Person from Private Searches?

Does the Fourth Amendment Protect a Person from Private Searches? With few exceptions, the Fourth Amendment prohibits unreasonable searches and seizures without approval by a judge or magistrate. However, the Fourth Amendment does not protect a person from private searches, because the United States Constitution only protects against governmental action.    What is the Private Search Doctrine? Under the private search doctrine, a government search does not implicate the Fourth…

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