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Search and Seizure

Search and seizure is the process in which law enforcement or other investigating agencies go through a person's property when a crime may have been committed. They confiscate anything that may serve as evidence towards the crime.

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What type of police action was banned by the 4th amendment?

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Asked by Wiki User

The 4th Amendment prohibits unreasonable searches and seizures by law enforcement, which means that police cannot conduct searches or take property from individuals without a warrant or probable cause. This includes entering homes without permission or conducting searches without a valid reason.

What is the first landmark case on search and seizure?

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Asked by Wiki User

The first landmark case on search and seizure is generally considered to be Boyd v. United States (1886). In this case, the U.S. Supreme Court held that the Fourth Amendment protection against unreasonable searches and seizures extends to private papers and documents and that the government cannot compel individuals to produce them without a valid search warrant. This ruling established a significant precedent for protecting privacy rights in search and seizure cases.

What the fourth amendment of the bill of rights mean?

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Asked by Wiki User

The Fourth Amendment means that no one can search you, your home, or your personal property without a warrant, unless their reason is justified. (reasonable)

There are exceptions to the "personal" extent of the amendment, such as suspicious activity, commission of a crime, or making threats against others. Your home may be entered without a warrant only if circumstances lead the police to believe that someone is in imminent danger, or is becoming the victim of a violent crime.

What right does the fourth amendment protect?

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Asked by Wiki User

unnecessary searches and seizures of property or belonging (aplus) :) you're welcome!

What impact does terrorism and cyber crimes have on the fourth amendment?

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Asked by Wiki User

What impact does terrorism and cybercrimes have on interpreting the fourth amendment

What does the 4th amendment protect you from?

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Asked by Wiki User

U.S. Const., Amend. IV:

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

- proscribes unlawful searches and seizures

- establishes probable cause requirement supporting the issuance of warrants

- establishes particularity requirement as to the content of warrants

Why was the 4th amendment created?

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Asked by Wiki User

People felt that their homes were not safe and that government could barge through their door at any time and that government could just take away their possessions. It protected people against unreasonable searches and seizures.

What rights are guaranteed in the Fourth Amendment?

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Asked by Wiki User

The fourth amendment states that "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. "

What does the 4th amendment mean in plain language?

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Asked by Wiki User

It's basically saying that someone cannot search your property without probably cause. Which means that they have a legitimate suspicion that you are doing something illegal. They would need a search warrant to actually look through your personal belongings.

Who wrote the fourth amendment?

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Asked by Wiki User

I think James Madison and Elbridge Gerry were involved in making the 4th amendment, hope it helps

Police don't need a search warrant to seize evidence when?

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Asked by Wiki User

Most people believe that the police need a warrant to collect anything anywhere. But as long as the police officer has proable cause or a suspect gives consent to get a possible piece of evidence; they can collect anything. Another case is when there is an obvious, severe action being done.

Otherwise, the police must always get a warrant from a judge to search or collect anything.

Why is the 4th amendment important?

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Asked by Wiki User

The 4th Amendment ensures that the privacy of U.S. citizens is protected, except in the case that a warrant is given by an authority for a reasonable purpose. (In example, a warrant may be given to search a home if an authority has reason to believe that the owner or resident has committed a crime.)

What is fourth amendment problem?

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Asked by Wiki User

The Fourth Amendment to the United States Constitution was agreed upon during America's Founding Period primarily due to the practical experience of Americans during British rule of their homes. Not only did British officials and/or troops enter American homes at will and violently; they also received permission to do so by way of a prejudiced process: British legal authorities granted such permissions in pursuit of the same objectives as those pursued by the officials and troops violating American homes. The Fourth Amendment sought to prevent such problems from arising in future.

What is the history of the Fourth Amendment of the US Constitution?

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Asked by Wiki User

Back in the mid 1700s, the Writs of Assistance allowed royal officers to search the homes of citizens, mostly as a way of discovering violations of strict English laws. This practice led to a unique awareness among our Founding Fathers of the threat to individual liberty and privacy that is created by unchecked government search powers. They decided to create an amendment that both gave the goevernment power to search criminals and also prevented the government from repeating English history (which was the point of coming to a new land and forming a new government, wasn't it).

How has the 4th amendment been abused over time?

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Asked by Wiki User

the fourth amendment IS still used today, just not as much. nowadays no one can come to your house and search it, of a police man does that, you have the right to keep them out of the house and not allow them to enter.

Are you protected by the 4th amendment from police entering a house party without a warrant for a noise compliant?

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Asked by DaddyPat

Probably not. If the police are actively investigating a complaint (noise complaint) then they are likely within their rights to enter the premise where the violation is occurring.

Which Amendment protects citizens from unreasonable searches and seizures?

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Asked by Wiki User

The Fourth Amendment protects from illegal searches and seizures. It requires law officials to have a warrant in order to conduct a search. It is part of the Bill of Rights and was adopted in 1792.