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Why aren't general searches permissible?
General searches are unconstitutional and never legal. This stems from Marron V. United States (1927). In this case the court required that all warrants will particularly describe the things to be seized; nothing is left to the discretion of the officer executing the warrant. This case makes it impossible for general searches to be legal.
Why do vehicles searches usually not required warrants?
Vehicle searches DO require warrants unless law enforcemnt was granted permission by the operator or the owner to conduct a search of the interior of the vehicle. Also, because of the nature of vehicles - the police ARE permitted to safeguard themselves by conducting a scan of the interior of the vehicle with a particular emphasis on areas that are within reach of the occupants.
What has the author Lee Paikin written?
Lee Paikin has written: 'The issuance of search warrants' -- subject(s): Warrants (Law), Searches and seizures, Canada
Under which category does this Constitutional Amendment fall No searches and seizures without legal warrants?
Protection?
What kind of warrants does NCJIS contain?
The North Carolina Justice Information System (NCJIS) contains various types of warrants, including arrest warrants, search warrants, and bench warrants. These documents are essential for law enforcement agencies to apprehend individuals suspected of criminal activity or to perform searches related to investigations. The system allows for efficient tracking and management of these warrants, ensuring that relevant law enforcement personnel have access to up-to-date information.
How do police obtain warrants to conduct searches or make arrests?
Police obtain warrants to conduct searches or make arrests by presenting evidence to a judge or magistrate, who then determines if there is probable cause to issue the warrant. Probable cause means there is a reasonable belief that a crime has been committed and that evidence of the crime can be found at the location to be searched or the person to be arrested.
When are search warrants required?
When the government wants to search a person or place.
What are fourth amendment containers?
The fourth amendment to the US Constitution protects legal rights of citizens. It states that citizens cannot be subject to unreasonable searches for their papers and protects their privacy. Also no warrants can be issued for searches without probable cause.
What does the 4th amendment protect you from?
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
What does fourth amendment protect?
guards against unreasonable searches and seizures. The amendment specifically also requires search and arrest warrants be judicially sanctioned and supported by probable cause
Can I research tire sizes online?
Yes, all you need to do is figure out what kind of a vehicle you have, then do searches on what tires this have a minimum required size of. Then figure out where you can go to buy them.
Do courts check for warrants?
Yes, courts do check for warrants, especially in the context of criminal cases. Before proceeding with certain legal actions, such as arresting a suspect or issuing search warrants, law enforcement must present evidence to the court to obtain a warrant. Additionally, during hearings or trials, courts may verify the validity of any warrants that are relevant to the case at hand. This ensures that the legal process adheres to constitutional protections against unlawful searches and seizures.
