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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

What does the fourth amendment not apply to?

The Fourth Amendment does not apply to situations where individuals have no reasonable expectation of privacy, such as in public places or when information is voluntarily shared with third parties. It also does not cover certain administrative searches, such as those conducted in regulatory contexts (e.g., health inspections). Additionally, the amendment does not protect against searches conducted by private individuals or entities, as it specifically limits government actions. Lastly, it does not apply to border searches, where customs officials have broader authority to inspect persons and goods.

Is Estes v Roland a case about illegal search and seizure on a visitor to a prison?

Yes, Estes v. Roland involves issues related to illegal search and seizure, specifically concerning the rights of a visitor to a prison. The case addresses whether the search conducted by prison officials on a visitor violated constitutional protections against unreasonable searches. Ultimately, it highlights the balance between prison security measures and the rights of individuals entering correctional facilities.

According to the fourth amendment the police can search and seize a persons property only if?

According to the Fourth Amendment, police can search and seize a person's property only if they have probable cause, which often requires a warrant issued by a judge based on evidence. Exceptions to this rule include situations such as consent, exigent circumstances, or when evidence is in plain view. The amendment is designed to protect individuals from unreasonable searches and seizures, ensuring a degree of privacy and security.

Does the fourth amendment apply to some or all electronic communications?

The 4th amendment to the US Constitution relates to "search and seizure." how this applies to the qustion that was asked is unclear.

For a discussion of this amendment, see the below link:

Why is the 4th amendment not good?

the fourth amendment is not good because it is unfair

What is a joyce search and seizure warrant?

If police are in possession of evidentiary iterms (i.e. secured via search warrant) and they then want to have one or more evidentiary items sent to the lab for testing, the police need to secure what's called a Joyce warrant for the latter seizure/testing. E.g. police seize bloody pants at a crime scene via search warrant. Police now want to send bloody pants to lab for biological testing. Police get Joyce warrant which permitts the testing on the already seized item. Hope that helps

What is the first amendment second amendment and the fourth amendment?

Amendments 1- freedom of religion press speech. 2- right to bear arms. 4- search and seizure of propety.

What are some reasons for legal warrantless searches and seizures?

One major reason (or justification) is any immediate threat to public health or safety, such as where a person inside a locked, private room is screaming. The authorities can have the door opened, forcibly if necessary, to determine if there is a violent crime in progress, or a person at risk, and can seize any evidence of crime that is in "plain sight" when they so enter.

Similarly, many police officers will ask for consent before searching a suspicious person or entering private property to investigate a report of a disturbance, thus making most such searches or resulting seizures legal and warrantless. However, there is a fine line of "consent" under duress, and the scope of such consent, both of which can be aired in a hearing on a motion to exclude any seized evidence.

How much does it cost to take a car out of inpound in New Mexico?

It will depend on local towing, impound and storage fees. You should contact the agency that did the impound for information.

Are the police license plate scanners violate the fourth amendment?

No. License plates are already in plain sight, and an officer can run the plates at any time. The scanner just speeds up the process.

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.

How are citizens protected under the Third 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.

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