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Search and Seizure

Would you be waiving your 4th amendment if the police said they already had a search warrant but you never seen it and consented them to enter your home?

Answer

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Wiki User
June 06, 2007 6:12AM

By consenting to anything the police ask you, you are waiving your rights. The Supreme Court ruled that the police do not have to inform you of all your rights (just your Miranda rights when being placed under-arrest) nor do they have to be honest when trying to get you to waive your rights. A good lawyer might could argue that probable cause wasn't established so the search is inadmissible, but chances are slim that a Judge will buy it.