Can a defendant be convicted for asserting his Fourth Amendment rights?

California, United States of America


The following excerpt is from People v. Drumgo, A128824 (Cal. App. 2012):

Defendant also contends the trial court improperly refused her request for an instruction that defendant could not be convicted for asserting her Fourth Amendment rights, relying on People v. Wetzel (1974) 11 Cal.3d 104 (Wetzel). This contention is meritless.

Other Questions


Does the search and detention of a man under the Fourth Amendment violate his Fourth Amendment rights? (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)
Can a defendant obtain advance consent to a warrantless search and waive his Fourth Amendment rights in exchange for the opportunity to avoid service of a state prison term? (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)
Is invasion of a defendant's personal right necessary to invoke the Fourth Amendment exclusionary rule? (California, United States of America)
Is a convicted burglar wrongfully convicted because of his co-defendant's prior burglary conviction? (California, United States of America)
Does the exclusionary rule apply to a defendant who has not had any Fourth Amendment rights infringed? (California, United States of America)
Does section 1203.03.12 of the Probation Guidelines apply to a defendant's Fourth Amendment rights? (California, United States of America)
Does a defendant's Sixth Amendment right to counsel include a right to loyal assistance? (California, United States of America)
Is a defendant competent to stand trial if he was confused by the court's explanation of the Fifth Amendment right to remain silent as it related to his right to testify? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.