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Which amendment requires a warrant to search someone property?
Wiki User
∙ 10y ago
The 4th Amendment to the U.S. Constitution, which states:
"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."
Note that the courts have placed the highest degree of 4th amendment protection on a person's home. Absent exigent circumstances, or the consent of the property owner, law enforcement officials (LEO's) may not enter enter a home and conduct a search.
However, thermographic imaging conducted from outside has been ruled constitutional in the absence of a search warrant, as have warrantless searches of garbage, anything in 'plain view' of an officer standing outside the curtilage of the property, and aerial overflights.
This is a complex area of law, with many permutations which may affect the outcome of any given search or seizure. There are many exceptions and arguments that can be made either supporting or prohibiting a warrantless search, or even challenging the warrant itself, which has it's own set of requirements to be valid. An excellent write up which far exceeds the scope of anything that could be written here can be found at the Related Link.
However if you have a specific legal issue regarding 4th amendment protection, or you have been arrested or charged with any offense, I urge you to contact a licensed attorney in your area as soon as possible.
Do not give consent to any searches, but do not resist officers. Do not speak with police if you are arrested or charged. Invoke your 5th and 6th amendment right to counsel at once, and wait for you lawyer.
Wiki User
∙ 10y ago
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Which amendment requires search warrant from a judge before police can conduct a search?
Fourth Amendment (A+)
Which amendment requires a search warrant from a judge before police can conduct a search?
Fourth Amendment (A+)
Which amendment requires that the government obtain a court issued warrant before searching a home?
That is covered by the Fourth Amendment.
Which Amendment protects citizens from unreasonable searches and seizures?
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.
What is the purpose of search warrant?
In the Bill of Rights the fourth amendment says the government must have a warrant and probable cause to search and/or seizure of your property.
What ammendmant could you use to keep your house from being raided?
The Fourth Amendment protects against unreasonable searches and seizures, including raids on your home by law enforcement. This amendment requires authorities to obtain a search warrant based on probable cause before conducting a search of your property. If your home is being raided without a warrant or probable cause, you can assert your Fourth Amendment rights.
What is the purpose of a warrant?
In the Bill of Rights the fourth amendment says the government must have a warrant and probable cause to search and/or seizure of your property.
What does the fouth amendment do?
You are to be safe and secure in your persons, homes, papers, property blah blah Basically people can't search your property unless they have a Search Warrant. The search warrant must have a Judge's signature, probably cause, and specifically states what property can be searched. For example if the search warrant gives permission to search someone's house but does not state they can search the person's car, the police officer or whoever is searching cannot search the car.
What is a trespass warrant?
If a person has trespassed onto a property when they have been asked not to, the owner of the property can take out a trespass warrant. This will legally keep them off the property and legal action can be taken if they enter.
What the fourth amendment of the bill of rights mean?
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 keeps the law from not being able to extract evidence by physical violence or torture?
The fourth Amendment of the United States Constitution requires that any government agency must obtain a warrant from a judge before they can search someone's possessions. The 8th Amendment restricts cruel and unusual punishment (torture).
How are citizens protected under the and fourth amendment?
The third amendment prevents the military from forcing citizens to house soliders and the Fourth Amendment makes sure that before a citizens property can be searched, authorities must now get a search warrant.- Your welcome.
