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What constitutes an unreasonable search and seizure if a person has a fourth amendment waiver in California?
If the police conduct an search of a home after being met at the door and denied access, and the police do not at that time know you are on probation, the fourth amendment waiver does not apply. Police have specific procedures they must follow in a fourth amendment waiver search, and if they do not know you are on probation then by definition they cannot comply with those procedural requirements, part of which entail verifying that the location they are searching isn't under the control of a third party (e.g. another person's home).
Police have tried to justify an illegal search of a location by simply later noting that one person on the premises was subject to fourth amendment waiver. Judges have uniformly rejected this argument when it defendants challenge such searches, but often probationers are bamboozled by the D.A. into believing the police were authorized and thus don't challenge the search. If left unchallenged, judges typically let it slide.
What else can I help you with?
What amendment prohibits unreasonable search and seizure?
4th
The fourth amendment prevents unreasonable?
Search and seizure
Who was the president when the amendment protecting citizens from unreasonable search and seizure was passed?
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What amendment protects against unreasonable searches and seizures of property?
The fourth amendment deal with search and seizure
What does the Fourth Amendment to the U.S. Constitution protect citizens from?
unwarranted searches and seizures of private property
How does the 4th amendment protect US citizens from their government?
The fourth amendment protects us against unwarranted searches and seizures of Private Property.
What is the fourth amendment and what does that have to do with the Roe v. Wade case?
The 4th Amendment protects individuals from unreasonable searches and seizures. An argument was set forth by a Justice that if a state was to impede on a woman who wanted to receive an abortion, that it was an unreasonable seizure against her privacy.
What are the key questions about the 4th Amendment and its implications on privacy and protection against unreasonable searches and seizures?
Key questions about the 4th Amendment and its implications on privacy and protection against unreasonable searches and seizures include: What constitutes a "reasonable" search and seizure under the 4th Amendment? How do advancements in technology impact the interpretation of the 4th Amendment? What role do warrants play in ensuring compliance with the 4th Amendment? How do exceptions to the warrant requirement, such as exigent circumstances, affect privacy rights? How do courts balance individual privacy rights with the government's need for law enforcement and public safety?
The fourth amendment protects citizens from unreasonable search and seizure is an example of?
1. Your person. 2. Home. 3. Car. 4. Eavesdropping.
What supreme court cases involve the fourth amendment?
Given the content and purpose of the Amendment, it would be something to do with an unreasonable search or seizure of property.Amendment IVThe 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.A search or seizure, The Fourth Amendment protects against a search or seizure
Which amendment prohibita a police officer form entering your home with out a warrant?
The Fourth Amendment protects against unreasonable search and seizure. However, there are many exceptions to the Fourth Amendment, some of which permit warrantless entry into a home.
What are the rights protected by the fourth amendment?
The right of people to be secure in their persons, houses, papers, and effects; prevents unreasonable searches and seizures.
