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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?
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.
What else can I help you with?
Is giving consent to search a home the same as a search warrant?
NO, it isn't. A search warrant limits the scope of a search. Once you have consented to a search, you have placed yourself outside the protections of the fourth amendment! There is no longer any requirements of reasonability and you will likely be prevented from supressing any resulting evidence later on. NEVER consent to a search!
What amendment prevents searches without a warrant and probable cause?
It was the 4th Amendment
What amendment allows for law enforcement to arrest an individual with an arrest warrant?
Fourth Amendment.
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+)
What changes did the fourth amendment bring?
The 4th Amendment is the Amendment that prevents searching without probable cause and a warrant. It was written in response to the Writs of Assistance which was a search warrant used by Britain against colonial Americans in response to smugglers.
Which amendment establishes the need for a warrant or probable cause before a person can be searched or arrested?
4th amendment
Which amendment established the need for a warrant or probable cause before a person can be searched or arrested?
4th amendment
Which amendment to the Constitution respects the security of private homes?
4th Amendment as it makes a search warrant needed to search a home.
Which amendment requires that the government obtain a court issued warrant before searching a home?
That is covered by the Fourth Amendment.
What are the Fourth Amendment's two clauses?
reasonable clause and warrant clause
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.
