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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. "

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16y ago
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13y ago

Basically this is the privacy amendment; although it goes a lot further than that as it is originally intended.

  • 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

    *This section is used in support of the privacy clause, it is obviously intended to thwart government intrusion, except as listed below

  • no Warrants shall issue, but upon probable cause, supported by Oath or affirmation,

    *Probable cause as used when the constitution was written has significantly changed today; today a police officer can state they have a reasonable suspicion of some activity and it will suffice to obtain a warrant, in the time of the constitution more than a reasonable suspicion would be required (some evidence is actually required)

  • and particularly describing the place to be searched, and the persons or things to be seized

    *in modern jurisprudence, if a police officer searches your home for drugs (for example) and finds porn on your computer, it is lawful to use that discovery to obtain another warrant to search your computer for porn (which obviously violates the 4th amendment, but courts have upheld such searches) - see Fruit of the poisonous tree.

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11y ago

Right against illegal search and seizure

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Q: What rights are guaranteed in the Fourth Amendment?
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