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Search and Seizure
Search and seizure is the process in which law enforcement or other investigating agencies go through a person's property when a crime may have been committed. They confiscate anything that may serve as evidence towards the crime.
227 Questions
How does the 4th amendment protect your privacy?
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."
Amendment IV forms the basis for the Exclusionary Rule, which, if validly applied, excludes inculpatory evidence from consideration as to the criminal responsibility and therefore criminal liability of a person or entity. That is, it functions to prohibit unlawful searches and seizures, including seizures of the person constituted by the arrest and detention of persons. In this context, the "right to privacy" is the "right to be free of unlawful searches and seizures"--and, of course, it is a very highly-qualified right.
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 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.
A search or seizure, The Fourth Amendment protects against a search or seizure
What word means a court order allowing police to search property and seize evidence?
A Search Warrant
How did british reactions help lead to the second third and fourth amendment?
they used their own brains to think. you should try it
What the difference between search and seizure and Stop and Frisk Rule?
search and seizure requires probable cause. which means the cop will have had to know that you committed a crime and a stop and frisk only requires reasonable suspicion but the cop can not actually search you they can only pat down the outside of your clothing to make sure you don't have any weapons. In that case they should only be ""Frisking"" you for their own safety to make sure you do not have a weapon that can be used against them. If do they happen to feel a pound of weed on you during a stop and frisk then they have Probable cause to search and seize you and the evidence. :)
What amendment protects from unresonable search and seizure?
4th... Its all about my right to privacy...
How are citizen protected under the fourth amendment?
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.
What 4th amendment concerns have been raised by the US Patriot Act?
a little something i wrote up today. This is a suitable answer from a non-technical perspective. If you are researching this for legal/criminal justice/etc reasons, you'll need something more in depth.
Should the US government be allowed to monitor domestic electronic communications of American citizens, without judicial oversight? Under current law (USA PATRIOT Act), federal law enforcement agencies are allowed to monitor telephone and email records, and to access public library records. In this paper, I will argue that the federal government should not be allowed to wiretap phones, monitor email, or check public library records without a search warrant.
1 The Fourth amendment to the US Constitution provides that "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated" (US Const., amend. IV.)
2 The Fourth amendment further provides that "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." (US Const., amend. IV.)
3 Federal law enforcement agencies use "National Security Letters" to gain access to records of electronic communications, and public library records; neither with issuance of a warrant by, nor subject to review of, the judicial branch.
4 The federal government's accesses of communication records are in direct opposition to the rights guaranteed by the fourth amendment.
5 The federal government should not be allowed to take actions which violate the rights laid out in the constitution, including its amendments.
∴ The federal government should not be allowed to spy on American citizens by monitoring their email, wiretapping their phones, or checking records from public libraries - without warrants.
The Fourth Amendment "provides the primary defense against government invasions of privacy" (Garlinger). A plain language reading of the text of the Fourth Amendment reveals that people have a right to be secure from unreasonable searches. That revelation leads to the question, what searches are reasonable or unreasonable? "The Fourth Amendment currently does not extend to information voluntarily given to third parties such as ISPs. The government, therefore, can access private information held by ISPs with little oversight or accountability" (Garlinger). This view is used to justify the government's review of data that the average citizen might consider private. To consider the content of an email anything other than the analog of the content of a letter written on paper and sent via postal mail, is an untenable position. Indeed the content of a letter is voluntarily handed over to the US Postal service, but sealed in an envelope. The content of an email is handed over to an ISP, but because of the nature of how data transfer works, email is transferred letter-by-letter, in a plain text format (Klensin); not inside a sealed envelope, as with postal mail.
Federal law enforcement agencies, in particular the Federal Bureau of Investigation, use National Security Letters to initiate a search of personal records from telephone and Internet service providers and public libraries. "Without any judicial review, the FBI issues NSLs to telecommunications providers to obtain customer subscriber information" (Garlinger). If the FBI were conducting searches which they believed an average citizen, or even judge, would consider reasonable, they could use the judicially reviewed search warrant process to gain access to records.
Contrasting the actions of the FBI - in using National Security Letters to acquire U.S. citizens' personal records - with the rights guaranteed in the Fourth Amendment; the two are diametrically opposed. It is particularly disturbing to see the government act contrary to the U.S. Constitution. The use of National Security Letters in the gathering of data related to U.S. citizens should be halted immediately. The federal government should instead use the already available judicial warrant application process, thereby allowing the Judiciary to maintain control, require probable cause, and ensure that due process is afforded the citizens.
In summary, the federal government should not be allowed to spy on U.S. citizens. American jurisprudence has a long history of allowable methods, which are not constitutionally tenuous, for the government to obtain information. By insisting on the issuance of warrants by judges, the United States government would better serve the interests of the citizens.
Works Cited
Garlinger, Patrick P. "PRIVACY, FREE SPEECH, AND THE PATRIOT ACT: FIRST AND FOURTH AMENDMENT LIMITS ON NATIONAL SECURITY LETTERS." New York University Law Review 84.4 (2009): 1105-1147. Academic Search Elite. EBSCO. Web. 24 Feb. 2011.
Klensin, John C. "RFC 5321 - Simple Mail Transfer Protocol." IETF Tools. Internet Engineering Task Force, Oct. 2008. Web. 24 Feb. 2011.
Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act) of 2001, Title II, § 211, Pub. L. No. 107-56, 115 Stat. 272 (2001).
US Const., amend. IV. Print
What does the fourth amendment really say?
"it is not the breaking of a man's doors and the rummaging of his drawers that constitutes the essence of the offense; but it is the invasion oh his indefeasible right of personal security, personal liberty and private property, where that right has never been forfeited by his conviction of some public offense" Quote from Justice Joseph P. Bradley hope this helps!
How did the Terry v. Ohio case change the Fourth Amendment?
Terry v. Ohio, 392 US 1 (1968)
It didn't change the Fourth Amendment at all. The US Supreme Court interpreted the Fourth Amendment as allowing the "stop and frisk" procedure to which Terry objected. The Court held the circumstances in the case did not fall under the definition of "unreasonable search and seizure."
For more information, see Related Questions, below.
Can a security guard seize personal property?
A security guard CAN confiscate your weapons but only if you don't have a gun licence. If you don't have a gun licence, then you're done for.
Additional: Define YOUR meaning of "confiscate."
If the seurity guard is protecting a premises on which the carrying of weapons (even CCW-approved licensees) is banned - they CAN "relieve you of it" or "hold it" until such time as you leave their premises. Remember - except for law enforcement personnel, it is against the law to carry a weapon onto/into a premises that is posted with "no firearms" signs.
As far as taking it away and not ever returning it (true "confiscation") - no, they may not do so.
Why is the fourth amendment important today?
It relates to us more than you'd think, say you were accused of a crime you did not commit and no one believed you despite modern technology, the government could not just ransack your house and property without enough proof to issue a search warrant. It's necessary to ensure personal privacy.
What does the 4th amendment guarantee?
The fourth amendment protects people from unreasonable searches and seizures.
(unnecessary searches and seizures of property of belongings)
Why was there controversy with the 4th amendment?
Because Florida politicians couldn't say no to developers' requests to change growth plans.
What is the historical significance of the fourth amendment?
All I know is that the people did not like the British Warrants... I'm doing a history project on the fourth amendment... maybe I will figure it out for you...? But if you find out plz let me know!!! thanks :)
When did James Madison write the fourth amendment to the US Constitution?
The 4th amendment was ratified in the Bill of Rights on December 15, 1771.
In which amendment is the right to be free from unreasonable search?
No. The First Amendment protects freedom of speech, religion, of the press and the right to assembly. The Fourth Amendment protects from unreasonable searches and seizures.
What does the 4th amendment protect us against?
The Fourth Amendment guards against unreasonable searches and seizures.
Why was the Fourth Amendment written?
Because of the use of something called "writs of assistance". Writs of assistance were court orders that authorized customs officers to conduct general (non-specific) searches of premises for contraband. The exact nature of the materials being sought did not have to be detailed, nor did their locations.
The writs were first introduced in Massachusetts in 1751 to strictly enforce the Acts of Trade, the governing rules for commerce in the British Empire. Merchants in much of New England were skillful at evading the system and many had become masters of smuggling.
The powerful new court orders enabled officials to inspect not only shops and warehouses, but also private homes. It quickly became apparent to many colonists that their homes were no longer their castles.
The writs were one of a list of grievances that the Americans harbored against the Crown and contributed to the process of changing loyal colonists into advocates for independence.
The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures. It was ratified as a response to the abuse of the writ of assistance.
The Fourth Amendment reads as follows:
"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."
What are the elements of fourth amendment due process?
"The essential elements of due process of law are notice, an opportunity to be heard, and the right to defend in an orderly proceeding." Fiehe v. R.E. Householder Co., 125 So. 2, 7 (Fla. 1929).
"To dispense with notice before taking property is likened to obtaining judgment without the defendant having ever been summoned." Mayor of Baltimore vs. Scharf, 54 Md. 499, 519 (1880).
"An orderly proceeding wherein a person is served with notice, actual or constructive, and has an opportunity to be heard and to enforce and protect his rights before a court having power to hear and determine the case. Kazubowski v. Kazubowski, 45 Ill.2d 405, 259, N.E.2d 282, 290." Black's Law Dictionary, 6th Edition, page 500.
"Due Process of law implies and comprehends the administration of laws equally applicable to all under established rules which do not violate fundamental principles of private rights, and in a competent tribunal possessing jurisdiction of the cause and proceeding upon justice. It is founded upon the basic principle that every man shall have his day in court, and the benefit of the general law which proceeds only upon notice and which hears and considers before judgment is rendered." State v. Green, 232 S.W.2d 897, 903 (Mo. 1950).
"Phrase means that no person shall be deprived of life, liberty, property or of any right granted him by statute, unless matter involved first shall have been adjudicated against him upon trial conducted according to established rules regulating judicial proceedings, and it forbids condemnation without a hearing, Pettit v. Penn., La.App., 180 So.2d 66, 69." Black's Law Dictionary, 6th Edition, page 500.
"Due Process of law implies the right of the person affected thereby to be present before the tribunal which pronounces judgment upon the question of life, liberty, or property, in its most comprehensive sense; to be heard, by testimony or otherwise, and to have the right of controverting, by proof, every material fact which bears on the question of right in the matter involved. If any question of fact or liability be conclusively presumed against him, this is not due process of law." Black's Law Dictionary, 6th Edition, page 500.
"Aside from all else, 'due process' means fundamental fairness and substantial justice. Vaughn v. State, 3 Tenn.Crim.App. 54, 456 S.W.2d 879, 883." Black's Law Dictionary, 6th Edition, page 500.
What is the difference between search and seizure?
What is a search? A search is an invasion of a privacy interest, it is an illegal intrusion into a matter that is wholly private to you. It is for your eyes and ears only.
A seizure is also an invasion (but not into a privacy interest); rather, it is an intrusion in your possessory interest. It is an illegal taking of an item, for which the right of ownership belongs solely to you.
