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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
Can police seize evidence in sight without a search warrant?
Yes. It is usually referred to as 'plain view.'
A warrant.
What are the two exceptions to the fourth amendment ban on search and seizures?
1. Probable cause, meaning if an officer can immediately see, touch, taste, hear, or smell, witness to an illegal or suspicious activity or object he can just walk in and arrest you, regardless of where you are within the respective jurisdiction of city police, state police, or federal law enforcement. When law enforcement doesn't have jurisdiction or solid evidence they can get a search warrant from a judge, and they are limited to discovering something only in rooms or properties specified, and being of the nature of what they think you have. If an officer can't witness the illegal activity taking place, they can convince a judge that they have probable cause by evidence, or observations/circumstances that are of a nature that could persuade a judge to issue a warrant. However, if an officer were to arrest you without solid evidence to any crime the case will be thrown out at the presiding judge's discretion. Even if a warrant let an officer onto the property to search a shed, and incriminating evidence was found inside the house, without the officer being invited in, the case would be thrown out for violation of the 4th.
2. The second is the US Patriot Act.
Fourth amendment freedom of religion
How was the Fourth Amendment violated in the Marbury v Madison case?
It may be difficult to make a case that anyone's Fourth Amendment rights were violated in Marbury v. Madison.
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."
Maybe one could argue Marbury's commission was illegally seized or that withholding the paperwork prevented him from being secure in his "...papers, and effects..." but it would be difficult to apply this concept to something that was never in Marbury's possession. The Fourth Amendment applies when there is both a "search" and a "seizure," and pertains primarily to privacy rights. Marbury was never subject to an invasion of his person or belongings, with or without a warrant.
Marshall held Marbury was entitled to receive his commission, but the deprivation was a civil matter, not criminal.
Likewise, the Fourth Amendment has no application to the commissions relative to the government officials, Adams, Marshall, Jefferson, or Madison (actually Levi Lincoln), because the paperwork and premises belonged to the government, not to any of them, personally.
Case Citation:
Marbury v. Madison, 5 US 137 (1803)
If the police are in the home legally, and the drugs are in plain view, then yes, the police may seize the drugs and arrest the homeowner for possession of the drugs.
However, in my opinion, the officer would be better off obtaining a search warrant, although it is not required.
What does the Fourth Amendment protect citizens from?
The Fourth Amendment protect citizens against unreasonable searches and seizures.
What does the fourth amendment of the US Constitution protect?
US citizens are protected through provisions in the Bill of Rights from unreasonable behaviour by those granted authority over them; this being enshrined in the Constitution. The 4th amendment to the US Constitution makes explicit protections against seizure of person or property and stipulates proper procedure by which warrants for such may be issued.
What historical experiences led to adoption of the fourth amendment?
The British history of "a man's home is his castle".
What date was the fourth amendment adopted?
The first ten amendments to the Constitution - the Bill of Rights - were adopted when the Constitution itself was; in 1787.
How are citizens protected under 3rd and 4th amendment?
The government may not enter, seize, or otherwise use an individual's personal property without probable cause or the owner's consent.
Why would you be against the fourth amendment?
The 4th amendment protects you against illegal search and seizure. There are times when such activities can provide additional security for the community. Parts of the current Patriot Act allow law enforcement officials to search email and phone conversations. Some believe that this is eroding the protection of the 4th amendment.
Police would often search homes without warrant or cause, and at times plant evidence, to get a conviction.
What was going on in the United States when the fourth amendment was signed?
Amendment IV (the Fourth Amendment) to the United States Constitution is one of the provisions included in the Bill of Rights. The AAmendment IV (the Fourth Amendment) to the United States Constitution is one of the provisions included in the Bill of Rights. The Amendment guards against unreasonable searches and seizures, and was originally designed as a response to the controversial writs of assistance (a type of general search warrant), which were a significant factor behind the American Revolution.mendment guards against unreasonable searches and seizures, and was originally designed as a response to the controversial writs of assistance (a type of general search warrant), which were a significant factor behind the American Revolution. ((source answers.com))
Can you be drug tested while out on bond under the 4th amendment?
The answer may vary depending on WHAT you are out on bond FOR. If you are facing drug charges, I would guess conditions of your release may specify that testing is a possibility. Check your bond paperwork. IF you are facing drug charges, the real question is WHY you would be contemplating drug use rather than addressing the issues that led to your detention to begin with. If you are using a natural substance, consciously...it probably won't be an issue. However, if you're messing with synthetics that create hellish end results (crack, meth, oxcotnin etc. etc.) you have an opportunity to get your act together by entering rehab etc. while you're out, versus figuring out how you can use again and beat the system. The first option would bring you better results when you ARE sentenced, and perhaps result in an option for drug court. God Bless.
What rights does the 4th amendment protect?
'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 is illegal search and seize?
Search and seizure are two different things. A search is an intrusion into a reasonable expectation of privacy. A seizure is the taking or interference with custody or movement of a person or property. You can have a search without a seizure, and a seizure without a search.
Either is unlawful if the search or seizure is not supported by the probable cause to believe that a crime has occurred, is about to occur, or is occurring, and the search or seizure will result in evidence of that crime. Probable cause is a reasonable belief, based on facts available to the person doing the searching and seizing, that criminal activity is taking place. With some exceptions, an officer can't conduct a search just because he wants to, or on pure speculation. There has to be some reasonable basis for the search.
If both husband and wife are tenants in common, and the wife gives her permission, that is a "consent" search. Warrants are not required when a person freely gives their consent for the search.
Are Public Safety Sobriety Checkpoints a violation of the 4th amendment?
No, not as long as their operation is non-discriminatopry and adheres to carefully established guidelines. They are a public safety operation, and allow law enforcement to examine the motor vehicle credentials of both the vehicle and operator, which every state's motor vehicle laws allow.
How 4th amendment impacts constitution?
It doesn't "impact" the Constitution it is part of the constitution. It is number 4 out of the first 10 amendments in the Bill of Rights.
The 4th Amendment states:
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.
This means that authorities have no right to enter your private property and search or confiscate any property without a search warrant that is issued by a judge who has jurisdiction over you; furthermore, the authorities requesting the warrant must prove to the judge that they have "probable cause" or just reason why they need the warrant (they need to show evidence why they believe you are in violation of the law.
Additional Note: There are many democracies in the world; however, what sets America apart is private property rights. Private property is key in true freedom.
"The true foundation of republican government is the equal right of every citizen in his person and property and in their management." --Thomas Jefferson to Samuel Kercheval, 1816.
