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The Bill of Rights in the National Archives.
.The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures.^ For more information, see: Bill of Rights (United States) .
  • Amendments to the United States Constitution - encyclopedia article - Citizendium 16 January 2010 18:11 UTC locke.citizendium.org [Source type: Original source]

^ Al Franken Reads the 4th Amendment to DoJ Official The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures .
  • Al Franken Reads the 4th Amendment to DoJ Official - dslreports.com 16 January 2010 18:11 UTC www.dslreports.com [Source type: Original source]

^ GEN. HAYDEN: The amendment says unreasonable search and seizure.
  • Fourth Amendment Primer for General Michael Hayden - Democratic Party 16 January 2010 18:11 UTC www.bellaonline.com [Source type: Original source]
  • Fourth Amendment Primer for General Michael Hayden - Democratic Party 16 January 2010 18:11 UTC www.bellaonline.com [Source type: Original source]

.The amendment specifically also requires search and arrest warrants be judicially sanctioned and supported by probable cause.^ The requirement of probable cause works in tandem with the warrant requirement.
  • Al Franken Reads the 4th Amendment to DoJ Official - dslreports.com 16 January 2010 18:11 UTC www.dslreports.com [Source type: Original source]

^ The 4th Amendment and search warrants therefore is all about the limitations on what the government can do and the requirement of probable cause.
  • The 4th Amendment and Search Warrants | The 4th Amendment and Search Warrants Information - LawInfo 16 January 2010 18:11 UTC www.lawinfo.com [Source type: FILTERED WITH BAYES]

^ Fourth Amendment warrant requirement ...
  • Article: What were they smoking?: the Supreme Court's latest step in a long, strange trip through the Fourth Amendment.(Supreme Court Review) - Journal of Criminal Law and Criminology | HighBeam Research - FREE trial 16 January 2010 18:11 UTC www.highbeam.com [Source type: Academic]

.It was adopted as a response to the abuse of the writ of assistance, which is a type of general search warrant, in the American Revolution.^ Back in the mid 1700s, the Writs of Assistance allowed royal officers to search the homes of citizens, mostly as a way of discovering violations of strict English laws.
  • Questions about History of the US Constitution - Ask.com 16 January 2010 18:11 UTC www.ask.com [Source type: Original source]

^ In general, for a search or seizure to be reasonable, it must be supported by a warrant issued by a neutral and detached magistrate or judge who has determined probable cause exists to support a particular search or seizure.
  • The Fourth Amendment: Search and Seizure Law - House Research 16 January 2010 18:11 UTC www.house.leg.state.mn.us [Source type: Original source]

^ Writs of assistance were greatly abused and hated in this country prior to the American Revolution, and ultimately resulted in the adoption of the constitutional ban against unreasonable searches and seizure and especially the requirement of particularization.

.Search and arrest should be limited in scope according to specific information supplied to the issuing court, usually by a law enforcement officer, who has sworn by it.^ A California court’s order sentencing respondent Knights to probation for a drug offense included the condition that Knights submit to search at anytime, with or without a search or arrest warrant or reasonable cause, by any probation or law enforcement officer.

^ When appellant refused to identify himself, he was arrested for violation of a Texas statute which makes it a criminal act for a person to refuse to give his name and address to an officer “who has lawfully stopped him and requested the information.” .
  • 5 Federal Court Cases That Weakened The 4th Amendment 16 January 2010 18:11 UTC blog.motorists.org [Source type: FILTERED WITH BAYES]

^ Amendment 4 : Freedom from seizure of property, arrests and searches without a specific warrant.
  • 27 Amendments to the US Constitution 16 January 2010 18:11 UTC www.buzzle.com [Source type: Original source]

In Mapp v. .Ohio, 367 U.S. 643 (1961), the Supreme Court ruled that the Fourth Amendment applies to the states by way of the Due Process Clause of the Fourteenth Amendment.^ The main clauses of the Fourteenth Amendment are: .
  • Intent of the Fourteenth Amendment was to Protect All Rights 16 January 2010 18:11 UTC www.constitution.org [Source type: Original source]

^ Maryland ( 1969 ), the Supreme Court "incorporated" the clause under the Fourteenth Amendment.
  • Fifth Amendment to the United States Constitution - dKosopedia 16 January 2010 18:11 UTC dkosopedia.com [Source type: Original source]

^ This amendment regards citizenship, state due process and state equal protection.
  • Wikijunior:United States Charters of Freedom/Additional amendments to the United States Constitution - Wikibooks, collection of open-content textbooks 16 January 2010 18:11 UTC en.wikibooks.org [Source type: Original source]

.The Supreme Court has also ruled that certain searches and seizures violated the Fourth Amendment even when a warrant was properly granted.^ The court did not align the Fourths search and seizure protections with the facts.
  • RECONSTRUCTING THE FOURTH AMENDMENT 16 January 2010 18:11 UTC www.bsos.umd.edu [Source type: Original source]

^ According to the opinion, the Court of Appeals misapplied Fourth Amendment Search and Seizure law.
  • The Fisher Case - Supreme Court Addresses Fourth Amendment Issue - Associated Content - associatedcontent.com 16 January 2010 18:11 UTC www.associatedcontent.com [Source type: General]

^ Amendment IV [1791 - Search and Seizure] .
  • ICL - United States - Constitution - Amendments 16 January 2010 18:11 UTC www.oefre.unibe.ch [Source type: Original source]

Contents

Text

.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.^ Probable cause will be a thing of the past.

^ 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.
  • The First 10 Amendments to the US Constitution 16 January 2010 18:11 UTC www.bearsystems.com [Source type: Original source]

^ Right of search and seizure regulated .
  • US Constitution--Bill of Rights--The First Ten Amendments 16 January 2010 18:11 UTC www.ratical.org [Source type: Original source]

Background

English law

John Wilkes authored pamphlets critical of the British government.
.Like many other areas of American law, the Fourth Amendment finds its roots in English legal doctrine.^ Americans do not have a problem with the Fourth Amendment.
  • The Fourth Amendment: Just a Technicality? 16 January 2010 18:11 UTC www.shasta.com [Source type: Original source]

^ As Wikipedia states, "The border search exception is a doctrine of United States criminal law that operates to exempt certain searches of travelers and their property from the Fourth Amendment warrant requirement."
  • U.S. customs agency spits on 4th amendment - the will to exist 16 January 2010 18:11 UTC willtoexist.com [Source type: FILTERED WITH BAYES]

^ Yoo refers to the case in his 2006 book, War by Other Means: An Insider’s Account of the War on Terror , where he argues in more than 23 pages about the various legal reasons local and federal law enforcement agencies, as well as a sitting U.S. president, could ignore the Fourth Amendment.
  • Yoo’s Legal Memo Advised White House to Ignore Fourth Amendment | The Public Record 16 January 2010 18:11 UTC pubrecord.org [Source type: FILTERED WITH BAYES]

Sir Edward Coke, in Semayne's case (1604), famously stated: "The house of every one is to him as his castle and fortress, as well for his defence against injury and violence as for his repose."[1] Semayne's Case acknowledged that the King did not have unbridled authority to intrude on his subjects' dwellings but recognized that government agents were permitted to conduct searches and seizures under certain conditions when their purpose was lawful and a warrant had been obtained.[2]
.The 1760s saw a growth in the intensity of litigation against state officers, who, using general warrants, conducted raids in search of materials relating to John Wilkes' publications attacking both government policies and the King himself.^ Bill of Rights against state governments.

^ The Exclusionary Rule in US Criminal Trials The Fourth Amendment to the United States Constitution prohibits government searches or seizures without a warrant issued by a disinterested magistrate.
  • Fourth Amendment 16 January 2010 18:11 UTC www.suite101.com [Source type: FILTERED WITH BAYES]

^ As Wikipedia states, "The border search exception is a doctrine of United States criminal law that operates to exempt certain searches of travelers and their property from the Fourth Amendment warrant requirement."
  • U.S. customs agency spits on 4th amendment - the will to exist 16 January 2010 18:11 UTC willtoexist.com [Source type: FILTERED WITH BAYES]

.The most famous of these cases involved John Entick, whose home was forcibly entered by the King's Messenger Nathan Carrington, along with others, pursuant to a warrant issued by George Montagu-Dunk, 2nd Earl of Halifax authorizing them “to make strict and diligent search for .^ A case involving a search warrant, Jones v.
  • CRS/LII Annotated Constitution Fourth Amendment 16 January 2010 18:11 UTC www4.law.cornell.edu [Source type: Original source]

^ Based on the results of the test, electricity bills that were higher than the norm for his area, and informant's tips, a Federal Magistrate issued a warrant authorizing a search of Kyllo's residence.

^ Back in the mid 1700s, the Writs of Assistance allowed royal officers to search the homes of citizens, mostly as a way of discovering violations of strict English laws.
  • Questions about History of the US Constitution - Ask.com 16 January 2010 18:11 UTC www.ask.com [Source type: Original source]

. . the author, or one concerned in the writing of several weekly very seditious papers intitled, ‘The Monitor or British Freeholder, No 357, 358, 360, 373, 376, 378, and 380,’″ and seized printed charts, pamphlets and other materials. In the resulting case, Entick v. .Carrington (1765), Charles Pratt, 1st Earl Camden ruled that the search and seizure was unlawful as the warrant authorized the seizure of all of Entick's papers, not just the criminal ones and the warrant lacked probable cause to even justify the search.^ It is a search without a warrant, with no probable cause, and without a specific suspect.
  • Schneier on Security: Privacy and the Fourth Amendment 16 January 2010 18:11 UTC www.schneier.com [Source type: Original source]

^ There’s no particular location, no probable cause, and no search warrant.
  • Irregular Times » fourth amendment 16 January 2010 18:11 UTC irregulartimes.com [Source type: Original source]

^ The Warrant Clause provides the "probable cause" standard for the issuance of court orders authorizing searches and seizures.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 16 January 2010 18:11 UTC tabacco.blog-city.com [Source type: Original source]

.Entick established the English precedent that the executive is limited in intruding on private property by common law.^ [PW67] Echo: Law here refers to common law property, tort, and contract disputes in which remedies are the payment of monetary damages.
  • THE UNITED STATES CONSTITUTION 16 January 2010 18:11 UTC people.brandeis.edu [Source type: Original source]

^ Three Nineteenth Century precedents say that the Second Amendment does not limit state (or by implication, local) gun control laws.
  • Does the Second Amendment Bind the States? 16 January 2010 18:11 UTC writ.news.findlaw.com [Source type: Original source]

^ In the absence of statutory authority, a common law theory granting jurisdiction may be inconsistent with Rule 41(a)'s limitations on jurisdiction.
  • Duke Law Journal: Corey M. Then, Searches And Seizures Of Americans Abroad:Re-Examining The Fourth Amendment's Warrant Clause And The ForeignIntelligence Exception Five Years After United States V. Bin Laden, 55Duke L.J. 1059 (2006) 16 January 2010 18:11 UTC www.law.duke.edu [Source type: Original source]

[2]

Colonial America

.In Colonial America, legislation was explicitly written to enforce English revenue gathering policies on customs.^ It put for the notion that the English Parliament could not tax or legislate the colonies without their consent.
  • Run the United States | Running Missions 16 January 2010 18:11 UTC www.runtheplanet.com [Source type: Original source]

^ BELIEVE AGAIN IN AMERICA CALENDAR - 2008 QUOTATION COLLECTIONS NOTE CARDS - EDUCATION NOTE CARDS - WOMEN POSTCARDS - PEACE POSTCARDS -         PUBLIC POLICY CUSTOMIZED .
  • Educating For Citizenship | The Constitution of the United States with Amendments 16 January 2010 18:11 UTC educatingforcitizenship.com [Source type: Original source]

[2] .Until 1750, all handbooks for justices of the peace, the issuers of warrants, contained or described only general warrants.^ [T]he constitutional requirement that warrants must particularly describe the ‘things to be seized’ is to be accorded the most scrupulous exactitude when the ‘things’ are books, and the basis for their seizure is the ideas which they contain.
  • CRS/LII Annotated Constitution Fourth Amendment 16 January 2010 18:11 UTC www4.law.cornell.edu [Source type: Original source]

^ Far from restricting the constable's arrest power, the institution of the warrant was used to expand that authority by giving the constable delegated powers of a superior officer such as a justice of the peace.
  • Duke Law Journal: Corey M. Then, Searches And Seizures Of Americans Abroad:Re-Examining The Fourth Amendment's Warrant Clause And The ForeignIntelligence Exception Five Years After United States V. Bin Laden, 55Duke L.J. 1059 (2006) 16 January 2010 18:11 UTC www.law.duke.edu [Source type: Original source]

^ I would pray for peace but it can not and will not happen until man realizes that money, power, greed are the root of all the evil in this world.
  • The Constitution of the United States - Patriotic Resistance 16 January 2010 18:11 UTC www.resistnet.com [Source type: FILTERED WITH BAYES]

[2] William Cuddihy, Ph.D. in his dissertation entitled The Fourth Amendment: Origins and Original Meaning,[3] claims there existed a "colonial epidemic of general searches." According to him, until the 1760s, a "man's house was even less of a legal castle in America than in England" as the authorities possessed almost unlimited power and little oversight.
.In 1756, the colony of Massachusetts enacted legislation that barred the use of general warrants.^ These general warrants were often “aimed at muzzling critics of the government” in England and the colonies.
  • A “Right to be Secure” From GPS Tracking? Not Under the Fourth Amendment « Albany Government Law Review Fireplace 16 January 2010 18:11 UTC glrfireplace.albanygovernmentlawreview.org [Source type: FILTERED WITH BAYES]

^ Judges in both England and the colonies had struck down general warrants as violating the common law on previous occasions.
  • A “Right to be Secure” From GPS Tracking? Not Under the Fourth Amendment « Albany Government Law Review Fireplace 16 January 2010 18:11 UTC glrfireplace.albanygovernmentlawreview.org [Source type: FILTERED WITH BAYES]

^ All three controversies involved the use of general warrants to search residences.
  • SSRN-High School Drug Testing and the Original Understanding of the Fourth Amendment by David Steinberg 16 January 2010 18:11 UTC papers.ssrn.com [Source type: FILTERED WITH BAYES]

.This represented the first law in American history curtailing the use of seizure power.^ They do, however, possess a depth of knowledge of American history and law rarely seen in modern citizenry.
  • Guest Opinion | Guest Commentary | Tucson Weekly 16 January 2010 18:11 UTC www.tucsonweekly.com [Source type: General]

^ Next to Hillary Clinton's billing records from the Rose Law Firm, this little known text might be the most closely guarded secret in American History.
  • The Second Amendment and the Preamble to the Bill of Rights By Robert Greenslade - Price of Liberty 16 January 2010 18:11 UTC www.thepriceofliberty.org [Source type: Original source]

^ And at this critical time in American history, we must, for the protection of our constitutional republic, take back our power and start acting as powerful as the other branches of government.
  • The Federal Grand Jury is the 4th Branch of Government 16 January 2010 18:11 UTC macmcdougall.org [Source type: Original source]

.Its creation largely stemmed from the great public outcry over the Excise Act of 1754, which gave tax collectors unlimited powers to interrogate colonists concerning their use of goods subject to customs and permitted the use of a general warrant known as a writ of assistance, allowing them to search the homes of colonists and seize “prohibited and uncustomed” goods.^ Especially resented were "writs of assistance" used by colonial customs officials to search for smuggled goods on which import taxes had not been paid.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 16 January 2010 18:11 UTC tabacco.blog-city.com [Source type: Original source]

^ When are police allowed to search my home?
  • 4th Amendment | How to Flex Your Rights During Police Encounters 16 January 2010 18:11 UTC www.flexyourrights.org [Source type: General]

^ Back in the mid 1700s, the Writs of Assistance allowed royal officers to search the homes of citizens, mostly as a way of discovering violations of strict English laws.
  • Questions about History of the US Constitution - Ask.com 16 January 2010 18:11 UTC www.ask.com [Source type: Original source]

[4]
.A crisis erupted over the writs of assistance on December 27, 1760 when the news of King George II's October 23 death arrived in Boston.^ Aug, 2009 The New King George 29.
  • Tenth Amendment Center |  The 10th Amendment Movement 16 January 2010 18:11 UTC www.tenthamendmentcenter.com [Source type: Original source]
  • Does the Constitution Contain a Right to Privacy? | Tenth Amendment Center 16 January 2010 18:11 UTC www.tenthamendmentcenter.com [Source type: Original source]

^ At the time, abusive use of writs of assistance helped propel a call to arms that ended with the birth of a new nation.
  • Fourth Amendment | Andrew Ferguson 16 January 2010 18:11 UTC andrewferguson.net [Source type: Original source]

^ He recounts the seizure of John Hancocks sloop Liberty by authority of a writ of assistance and the search aspect of the Stamp Act that contributed to the Boston tea party.
  • RECONSTRUCTING THE FOURTH AMENDMENT 16 January 2010 18:11 UTC www.bsos.umd.edu [Source type: Original source]

.All writs automatically expired six months after the death of the King and would have had to be re-issued under the name of the new King, George III, to remain valid.^ Aug, 2009 The New King George 29.
  • Tenth Amendment Center |  The 10th Amendment Movement 16 January 2010 18:11 UTC www.tenthamendmentcenter.com [Source type: Original source]
  • Does the Constitution Contain a Right to Privacy? | Tenth Amendment Center 16 January 2010 18:11 UTC www.tenthamendmentcenter.com [Source type: Original source]

^ The government of Alabama had been re-established under a Proclamation issued by President Andrew Johnson dated June 21, 1865.48 .
  • Legality of the 14th Amendment (Congressional Record) 16 January 2010 18:11 UTC www.civil-liberties.com [Source type: Original source]

^ Would a 15-30% increase in your pay check every month make your New Year happier?
  • Is the Income Tax a Massive Fraud? Supreme Court to Hear Case of Hirmer v. United States - ClearysNoteBook 16 January 2010 18:11 UTC www.gloucestercitynews.net [Source type: General]

[5]
In mid-January 1761, a group of over 50 merchants represented by James Otis, petitioned the court to have hearings on the issue. .During the five hour hearing on February 23, 1761, Otis vehemently denounced English colonial policies, including their sanction of general warrants and writs of assistance.^ Back in the mid 1700s, the Writs of Assistance allowed royal officers to search the homes of citizens, mostly as a way of discovering violations of strict English laws.
  • Questions about History of the US Constitution - Ask.com 16 January 2010 18:11 UTC www.ask.com [Source type: Original source]

^ General warrants and writs of assistance gave customs officers the discretion to seek evidence against someone by searching wherever they wanted to and seizing whatever they desired.
  • A “Right to be Secure” From GPS Tracking? Not Under the Fourth Amendment « Albany Government Law Review Fireplace 16 January 2010 18:11 UTC glrfireplace.albanygovernmentlawreview.org [Source type: FILTERED WITH BAYES]

^ It was ratified as a response to the abuse of the writ of assistance, which is a type of general search warrant, in the American Revolution.
  • Al Franken Reads the 4th Amendment to DoJ Official - dslreports.com 16 January 2010 18:11 UTC www.dslreports.com [Source type: Original source]

[6] .However, the court ruled against Otis.^ However, individuals can still bring actions against state authorities in federal court to prevent these authorities from depriving them of their Constitutional rights.
  • U.S. GOVERNMENT > Introduction to the U.S. System > About America: The Constitution of the United States of America with Explanatory Notes 16 January 2010 18:11 UTC infousa.state.gov [Source type: Original source]
  • Amendments to the U.S. Constitution, Annotated 16 January 2010 18:11 UTC www.america.gov [Source type: Original source]
  • THE CONSTITUTION OF THE UNITED STATES OF AMERICA With Explanatory Notes 16 January 2010 18:11 UTC www.4uth.gov.ua [Source type: Original source]

^ The two appeals court cases ruling against incorporation— NRA v.
  • Sotomayor will selectively apply the 14th Amendment to restrict gun rights | Washington Examiner 16 January 2010 18:11 UTC www.washingtonexaminer.com [Source type: Original source]

^ Smith brought the case to court and the Supreme Court ended up ruling against him in Employment Division v Smith in 1990.
  • http://www.bbc.co.uk/dna/h2g2/A33105449 16 January 2010 18:11 UTC www.bbc.co.uk [Source type: Original source]

[7] .Because of the name he had made for himself in attacking the writs, he was elected to the Massachusetts colonial legislature and helped pass legislation requiring that special writs of assistance be “granted by any judge or justice of the peace upon information under oath by any officer of the customs” and barring all other writs.^ All other special courts-martial.
  • EO 13262 2002 Amendments to the Manual for Courts-Martial, United States 16 January 2010 18:11 UTC nodis3.gsfc.nasa.gov [Source type: Original source]

^ When appellant refused to identify himself, he was arrested for violation of a Texas statute which makes it a criminal act for a person to refuse to give his name and address to an officer “who has lawfully stopped him and requested the information.” .
  • 5 Federal Court Cases That Weakened The 4th Amendment 16 January 2010 18:11 UTC blog.motorists.org [Source type: FILTERED WITH BAYES]

^ Back in the mid 1700s, the Writs of Assistance allowed royal officers to search the homes of citizens, mostly as a way of discovering violations of strict English laws.
  • Questions about History of the US Constitution - Ask.com 16 January 2010 18:11 UTC www.ask.com [Source type: Original source]

.The governor overturned the legislation, finding it contrary to British law and parliamentary sovereignty.^ The rule was “parliamentary sovereignty”: Any legislation enacted by Parliament and approved by the monarch was law.
  • The Dynamic Constitution - Cambridge University Press 16 January 2010 18:11 UTC www.cambridge.org [Source type: Original source]

[8] John Adams, who was present in the courtroom when Otis spoke, viewed these events “as the spark in which originated the American Revolution.”[9]
.Seeing the danger general warrants presented, the Virginia Declaration of Rights explicitly forbade the use of general warrants.^ Kenyan authorities presented El-Hage's wife with a Kenyan warrant, but no U.S. warrant was ever obtained, and the United States explicitly disavowed relying on the Kenyan warrant for authority.
  • Duke Law Journal: Corey M. Then, Searches And Seizures Of Americans Abroad:Re-Examining The Fourth Amendment's Warrant Clause And The ForeignIntelligence Exception Five Years After United States V. Bin Laden, 55Duke L.J. 1059 (2006) 16 January 2010 18:11 UTC www.law.duke.edu [Source type: Original source]

^ If you will read the rest of the Virginia Charter you will see that the king declared the right and exercised the power to regulate every aspect of commerce in his new colony.

^ Taney's opinion also explicitly declared that citizens are entitled to Bill of Rights guarantees, including those of the Second Amendment.
  • Intent of the Fourteenth Amendment was to Protect All Rights 16 January 2010 18:11 UTC www.constitution.org [Source type: Original source]

This prohibition became precedent for the Fourth Amendment:[10]
That general warrants, whereby any officer or messenger may be commanded to search suspected places without evidence of a fact committed, or to seize any person or persons not named, or whose offense is not particularly described and supported by evidence, are grievous and oppressive and ought not to be granted.[11][12]

Applicability

In general

.The Fourth Amendment specifies that any warrant must be judicially sanctioned for a search or an arrest, in order for such a warrant to be considered reasonable.^ A search must be “reasonable” in order to be constitutional.
  • 2009 Equal Justice Under Law - The 4th Amendment and Student Searches 16 January 2010 18:11 UTC spreadsheets.google.com [Source type: Original source]

^ Fourth Amendment on unreasonable searches and seizures.
  • White House asked DOJ how Bush could sidestep Fourth Amendment 16 January 2010 18:11 UTC onlinejournal.com [Source type: FILTERED WITH BAYES]
  • Yoo’s Legal Memo Advised White House to Ignore Fourth Amendment | The Public Record 16 January 2010 18:11 UTC pubrecord.org [Source type: FILTERED WITH BAYES]

^ Fourth Amendment warrant requirement ...
  • Article: What were they smoking?: the Supreme Court's latest step in a long, strange trip through the Fourth Amendment.(Supreme Court Review) - Journal of Criminal Law and Criminology | HighBeam Research - FREE trial 16 January 2010 18:11 UTC www.highbeam.com [Source type: Academic]

.Warrants must be supported by probable cause and be limited in scope according to specific information supplied by a person (usually a law enforcement officer) who has sworn by it and is therefore accountable to the issuing court.^ Hasn't the Supreme Court ignored the text and said that officers "ordinarily" must obtain a warrant supported by probable cause?
  • The University of Chicago Law School Faculty Blog: King George's Constitution 16 January 2010 18:11 UTC uchicagolaw.typepad.com [Source type: Original source]

^ It is a search without a warrant, with no probable cause, and without a specific suspect.
  • Schneier on Security: Privacy and the Fourth Amendment 16 January 2010 18:11 UTC www.schneier.com [Source type: Original source]

^ Search and arrest should be limited in scope according to specific information supplied to the issuing court, usually by a law enforcement officer, who has sworn by it.
  • Al Franken Reads the 4th Amendment to DoJ Official - dslreports.com 16 January 2010 18:11 UTC www.dslreports.com [Source type: Original source]

.The Fourth Amendment applies to governmental searches and seizures, but not those done by private citizens or organizations who are not acting on behalf of a government.^ Fourth Amendment on unreasonable searches and seizures.
  • White House asked DOJ how Bush could sidestep Fourth Amendment 16 January 2010 18:11 UTC onlinejournal.com [Source type: FILTERED WITH BAYES]

^ Amendment IV - Search and seizure.
  • The Constitution of the United States  Preamble 16 January 2010 18:11 UTC faculty.winthrop.edu [Source type: Original source]

^ Tomorrow: Police search-and-seizure tactics endanger Fourth Amendment.
  • Subtracting the 4th Amendment 16 January 2010 18:11 UTC www.wnd.com [Source type: Original source]

[13] .The Bill of Rights originally only restricted the power of the federal government.^ Strikingly to modern eyes, the Bill of Rights originally applied only to the federal government and imposed no restrictions on the states.
  • The Dynamic Constitution - Cambridge University Press 16 January 2010 18:11 UTC www.cambridge.org [Source type: Original source]

^ Although the Bill of Rights was written to apply to the entire country, it originally only applied to the federal government's actions.
  • http://www.bbc.co.uk/dna/h2g2/A33105449 16 January 2010 18:11 UTC www.bbc.co.uk [Source type: Original source]

^ Originally, the amendments restricted only the Federal government.
  • U.S. GOVERNMENT > Introduction to the U.S. System > About America: The Constitution of the United States of America with Explanatory Notes 16 January 2010 18:11 UTC infousa.state.gov [Source type: Original source]
  • Amendments to the U.S. Constitution, Annotated 16 January 2010 18:11 UTC www.america.gov [Source type: Original source]
  • THE CONSTITUTION OF THE UNITED STATES OF AMERICA With Explanatory Notes 16 January 2010 18:11 UTC www.4uth.gov.ua [Source type: Original source]

However, in Mapp v. .Ohio, 367 U.S. 643 (1961), the Supreme Court ruled that the Fourth Amendment is applicable to state governments by way of the Due Process Clause of the Fourteenth Amendment.^ The main clauses of the Fourteenth Amendment are: .
  • Intent of the Fourteenth Amendment was to Protect All Rights 16 January 2010 18:11 UTC www.constitution.org [Source type: Original source]

^ This rule has been applied to state courts since the 1961 decision in Mapp v.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 16 January 2010 18:11 UTC tabacco.blog-city.com [Source type: Original source]

^ This Amendment has been applied to the states by incorporation in the Fourteenth Amendment.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 16 January 2010 18:11 UTC tabacco.blog-city.com [Source type: Original source]

.Moreover, all state constitutions contain an analogous provision.^ The view that every constitutional provision applies wherever the Government exercises its power is contrary to this Court's decisions in the Insular Cases , which held that not all constitutional provisions apply to governmental activity even in territories where the United States has sovereign power.
  • UNITED STATES v. VERDUGO-URQUIDEZ 16 January 2010 18:11 UTC www.guncite.com [Source type: Original source]

^ The framers, moreover, were familiar with dozens of state constitutional provisions that included similar explanatory phrases, none of which had ever been interpreted to limit or qualify the operative language to which they were appended."
  • The Second Amendment at Arms to Armor - The History Store 16 January 2010 18:11 UTC arms2armor.com [Source type: Original source]

^ So we are told that, at the time Congress and the States were passing laws against abortion, they amended the Constitution to nullify all those laws.
  • U.S. Constitution 14th Amendment - Introduction 16 January 2010 18:11 UTC www.14th-amendment.com [Source type: Original source]

[14]
.The Fourth Amendment applies to criminal law, but not civil law, as affirmed by the Supreme Court in Murray v.^ The amendment applies only to federal courts.
  • U.S. GOVERNMENT > Introduction to the U.S. System > About America: The Constitution of the United States of America with Explanatory Notes 16 January 2010 18:11 UTC infousa.state.gov [Source type: Original source]
  • Amendments to the U.S. Constitution, Annotated 16 January 2010 18:11 UTC www.america.gov [Source type: Original source]
  • THE CONSTITUTION OF THE UNITED STATES OF AMERICA With Explanatory Notes 16 January 2010 18:11 UTC www.4uth.gov.ua [Source type: Original source]

^ In a case involving a criminal prosecution for illegal reentry into the country, the Utah Federal Court ruled that the Fourth Amendment's prohibition of unreasonable searches or seizures by law enforcement officers does not apply to ""previously deported alien felons.""
  • Constitution's Protection Against Unreasonable Search and Seizure Applies to All Immigrants in the U.S., ACLU Argues | American Civil Liberties Union 16 January 2010 18:11 UTC www.aclu.org [Source type: FILTERED WITH BAYES]

^ This case was a great victory for the KKK, in which the Court affirmed an order arresting judgments of conviction for conspiracy to deprive freed blacks in Louisiana of their civil rights.
  • http://www.secondamendment.net/cases.html 16 January 2010 18:11 UTC www.secondamendment.net [Source type: Original source]

Hoboken Land
(1855).[15] .The jurisdiction of the federal government in the realm of criminal law was narrow, until the late 19th century when the Interstate Commerce Act and Sherman Antitrust Act were passed.^ This is simply state GOVERNMENTS passing laws that are overruled by federal ones.
  • Tenth Amendment Center |  The 10th Amendment Movement 16 January 2010 18:11 UTC www.tenthamendmentcenter.com [Source type: Original source]

^ But through a series of court decisions through the late 19th century, the Supreme Court came to understand the Fourteenth Amendment as a base-line enumeration of basic rights.
  • Sotomayor will selectively apply the 14th Amendment to restrict gun rights | Washington Examiner 16 January 2010 18:11 UTC www.washingtonexaminer.com [Source type: Original source]

^ In order to guarantee this freedom for future generations, we hereby petition the federal government to acknowledge and act upon its legal obligation to uphold the Constitution which binds the federal government by: limiting the [...
  • Tenth Amendment Center Blog | Tag Archive | States Rights 16 January 2010 18:11 UTC blog.tenthamendmentcenter.com [Source type: Original source]

.As criminal jurisdiction of the federal government expanded to include other areas such as narcotics, more questions about the Fourth Amendment came to the Supreme Court.^ This Amendment has been repeatedly ignored by the Federal government.
  • The Constitution of the United States - The Petition Site 16 January 2010 18:11 UTC www.thepetitionsite.com [Source type: Original source]

^ The Supreme Court shall be more proactive.
  • Citizen Amendments to the United States Constitution 16 January 2010 18:11 UTC www.citizenamendments.org [Source type: Original source]

^ The amendment applies only to federal courts.
  • U.S. GOVERNMENT > Introduction to the U.S. System > About America: The Constitution of the United States of America with Explanatory Notes 16 January 2010 18:11 UTC infousa.state.gov [Source type: Original source]
  • Amendments to the U.S. Constitution, Annotated 16 January 2010 18:11 UTC www.america.gov [Source type: Original source]
  • THE CONSTITUTION OF THE UNITED STATES OF AMERICA With Explanatory Notes 16 January 2010 18:11 UTC www.4uth.gov.ua [Source type: Original source]

[16]
.The Supreme Court ruled that some searches and seizures may violate the reasonableness requirement under the Fourth Amendment, even if a warrant is supported by probable cause and is limited in scope.^ By inference, a search will not be "reasonable" without a warrant, EVEN IF the police do have "probable cause."
  • Daily Kos: Al Franken Schools Justice Dept on The Constitution! 16 January 2010 18:11 UTC www.dailykos.com [Source type: Original source]

^ The Fourth Amendment’s “general touchstone of reasonableness .
  • CRS/LII Annotated Constitution Fourth Amendment 16 January 2010 18:11 UTC www4.law.cornell.edu [Source type: Original source]

^ Whether a particular search or seizure is reasonable under the Fourth Amendment requires consideration of the particular context and circumstances of the search (19).” .
  • Fourth Amendment | Andrew Ferguson 16 January 2010 18:11 UTC andrewferguson.net [Source type: Original source]

[17] .Conversely, the Court has approved routine warrantless seizures, for example "where there is probable cause to believe that a criminal offense has been or is being committed."^ To deprive a person of her freedom from unreasonable searches and seizures, due process means that the probable cause and warrant requirements of the Fourth Amendment must be honored.
  • Does the Second Amendment Bind the States? 16 January 2010 18:11 UTC writ.news.findlaw.com [Source type: Original source]

^ In summary, he wrote, "An officer may arrest an individual without violating the Fourth Amendment if there is probable cause to believe that the offender has committed even a very minor criminal offense in the officer's presence.

^ Its responsibilities continue to include both the determination whether there is probable cause to believe a crime has been committed and the protection of citizens against unfounded criminal prosecutions.
  • EDITORIAL - www.CUSC.org 16 January 2010 18:11 UTC www.cusc.org [Source type: Original source]
  • The Federal Grand Jury is the 4th Branch of Government 16 January 2010 18:11 UTC macmcdougall.org [Source type: Original source]

[18] .Thus, the reasonableness requirement and the warrant requirement are somewhat different.^ For example, the Fourth Amendment guarantees the right of people to be secure in themselves and their homes and thus requires a search warrant to issue only with probable cause.
  • Right To Confront Witnesses: Guaranteed by the Sixth Amendment of the Constitution of the United States « Criminal Attorney News 16 January 2010 18:11 UTC www.criminalattorney.com [Source type: Original source]

^ In his Verdugo-Urquidez concurrence, Justice Kennedy hinted at the latter when he said that "the differing and perhaps unascertainable conceptions of reasonableness and privacy that prevail abroad" were reasons not to require a warrant.
  • Duke Law Journal: Corey M. Then, Searches And Seizures Of Americans Abroad:Re-Examining The Fourth Amendment's Warrant Clause And The ForeignIntelligence Exception Five Years After United States V. Bin Laden, 55Duke L.J. 1059 (2006) 16 January 2010 18:11 UTC www.law.duke.edu [Source type: Original source]

^ The government made a quite reasonable argument to the Warren Court that the same rules should apply to wiretaps but the Warren Court ruled that there was a qualitative difference between a wiretap and an eavesdropper and that given the different levels of invasion of privacy a warrant was required.
  • Daily Kos: Al Franken Schools Justice Dept on The Constitution! 16 January 2010 18:11 UTC www.dailykos.com [Source type: Original source]

.The reasonableness requirement applies not just to a search in combination with a seizure, but also to a search without a seizure, as well as to a seizure without a search.^ Fourth Amendment The Fourth Amendment guards against searches, arrests, and seizures of property without a specific warrant or a "probable cause" to believe a crime has been committed.
  • What are the amendments to the constitution? - Yahoo! Answers 16 January 2010 18:11 UTC answers.yahoo.com [Source type: Original source]

^ To deprive a person of her freedom from unreasonable searches and seizures, due process means that the probable cause and warrant requirements of the Fourth Amendment must be honored.
  • Does the Second Amendment Bind the States? 16 January 2010 18:11 UTC writ.news.findlaw.com [Source type: Original source]

^ In Katz, the Court defined a "search" as any governmental intrusion into something in which a person has a reasonable expectation of privacy and "seizure" as taking into possession, custody, or control.
  • Teaching about the Fourth Amendment's Protection against Unreasonable Searches and Seizures. ERIC Digest. 16 January 2010 18:11 UTC www.ericdigests.org [Source type: FILTERED WITH BAYES]

[19] .Hence, the amendment is not limited to protecting elements of privacy or personal autonomy, but rather applies pervasively to virtually all aspects of criminal law.^ All persons are equal before the law and are equally entitled to its protection.
  • United States Constitution 16 January 2010 18:11 UTC www.4lawschool.com [Source type: Original source]

^ The Amendment applied whenever a person had "a reasonable expectation of privacy".
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 16 January 2010 18:11 UTC tabacco.blog-city.com [Source type: Original source]

^ Since the enactment of the Fourteenth Amendment, all persons have been equally entitled to the law's protection.
  • Los Angeles Lawyer - United States Constitution 16 January 2010 18:11 UTC www.danataschner.com [Source type: Original source]

.Nevertheless, the amendment does not replace other constitutional provisions, such as replacing the Eighth Amendment's ban on "cruel and unusual" punishment with a more sweeping ban on "unreasonable" punishment.^ Does that trigger the 4th Amendment to the Constitution?
  • Introduction to a Search Under the 4th Amendment (podcast transcript) — Federal Law Enforcement Training Center 16 January 2010 18:11 UTC www.fletc.gov [Source type: Original source]

^ The eighth forbids excessive bail or fines, and cruel or unusual punishment.
  • United States Constitution 16 January 2010 18:11 UTC www.4lawschool.com [Source type: Original source]
  • Los Angeles Lawyer - United States Constitution 16 January 2010 18:11 UTC www.danataschner.com [Source type: Original source]

^ The eighth forbids excessive bail or fines, and cruel and unusual punishment.
  • What are the amendments to the constitution? - Yahoo! Answers 16 January 2010 18:11 UTC answers.yahoo.com [Source type: Original source]

Searches

.Not all actions by which governmental authorities obtain information from or about a person constitute a search.^ The Fourth Amendment of the U. S. Constitution guarantees the "right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures..."
  • NeoVox: the International College Student Magazine: Raping the Fourth Amendment 16 January 2010 18:11 UTC neovox.cortland.edu [Source type: Original source]

^ As citizens we are all tasked with protecting our Constitution, but those of us in Washington have the express duty of ensuring all of our Congressional actions are within the strict limits set by the Constitution.
  • Townhall.com Blog : Townhall.com Staff : Time to Uphold the 10th Amendment 16 January 2010 18:11 UTC www.townhall.com [Source type: General]

^ In Katz, the Court defined a "search" as any governmental intrusion into something in which a person has a reasonable expectation of privacy and "seizure" as taking into possession, custody, or control.
  • Teaching about the Fourth Amendment's Protection against Unreasonable Searches and Seizures. ERIC Digest. 16 January 2010 18:11 UTC www.ericdigests.org [Source type: FILTERED WITH BAYES]

.Therefore, government action triggers the amendment's protections only when the information or evidence at issue was obtained through a "search" within the meaning of the amendment.^ The First Amendment bars only "state action" - actions by government or its agents.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 16 January 2010 18:11 UTC tabacco.blog-city.com [Source type: Original source]

^ Whatever the Amendment may mean, it is a bar only to federal action, .
  • The Constitution For The United States, Its Sources and Its Applications - Amendment Articles I - X 16 January 2010 18:11 UTC www.barefootsworld.net [Source type: Original source]

^ Ohio , 367 U.S. 643, whereby any evidence seized or information obtained as a result of such violation may be excluded at trial.
  • FBI Surveillance | Fourth Amendment 16 January 2010 18:11 UTC www.unc.edu [Source type: Original source]

.If no search occurs, no warrant is required.^ A warrant is not required for all searches and all arrests.
  • Al Franken Reads the 4th Amendment to DoJ Official - dslreports.com 16 January 2010 18:11 UTC www.dslreports.com [Source type: Original source]

^ To deprive a person of her freedom from unreasonable searches and seizures, due process means that the probable cause and warrant requirements of the Fourth Amendment must be honored.
  • Does the Second Amendment Bind the States? 16 January 2010 18:11 UTC writ.news.findlaw.com [Source type: Original source]

^ For example, the Fourth Amendment guarantees the right of people to be secure in themselves and their homes and thus requires a search warrant to issue only with probable cause.
  • Right To Confront Witnesses: Guaranteed by the Sixth Amendment of the Constitution of the United States « Criminal Attorney News 16 January 2010 18:11 UTC www.criminalattorney.com [Source type: Original source]

.Generally, authorities have searched when they have impeded upon a person's reasonable expectation of privacy.^ Therefor they have a very reasonable expectation of "privacy from all others".
  • Schneier on Security: Privacy and the Fourth Amendment 16 January 2010 18:11 UTC www.schneier.com [Source type: Original source]

^ Searches must be "reasonable" wherever a reasonable expectation of privacy exists.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 16 January 2010 18:11 UTC tabacco.blog-city.com [Source type: Original source]

^ The Amendment applied whenever a person had "a reasonable expectation of privacy".
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 16 January 2010 18:11 UTC tabacco.blog-city.com [Source type: Original source]

Reasonable expectation of privacy

In Katz v. .United States, 389 U.S. 347 (1967), the Supreme Court ruled that the amendment covered a person's "reasonable expectation of privacy", rather than solely on whether that person's property had been intruded upon.^ The Supreme Court has ruled that the Amendment XIII does not prohibit mandatory military service in the United States.
  • Wikijunior:United States Charters of Freedom/Additional amendments to the United States Constitution - Wikibooks, collection of open-content textbooks 16 January 2010 18:11 UTC en.wikibooks.org [Source type: Original source]

^ This refusal is now before the United States Supreme Court.
  • Is the Income Tax a Massive Fraud? Supreme Court to Hear Case of Hirmer v. United States - ClearysNoteBook 16 January 2010 18:11 UTC www.gloucestercitynews.net [Source type: General]

^ It might be of interest to know that the United States Supreme Court in Williams v.
  • Bryan Wilhite: The Constitution of the United States 16 January 2010 18:11 UTC kintespace.com [Source type: Original source]

[20]

Stop and Frisk

Under Terry v. .Ohio 392 U.S. 1 (1968), law enforcement officers are permitted to conduct a limited warrantless search on a level of suspicion less than probable cause under certain circumstances.^ Reasonable suspicion is a level of belief that is less than probable cause.
  • Al Franken Reads the 4th Amendment to DoJ Official - dslreports.com 16 January 2010 18:11 UTC www.dslreports.com [Source type: Original source]

^ Thus, the boundaries of police searches and the necessary prerequisites for conducting such searches remain a topic of tremendous interest to people from all walks of life—not just law enforcement personnel, lawyers, or would-be criminals.
  • United States v. Grubbs (04-1186) | LII / Legal Information Institute 16 January 2010 18:11 UTC topics.law.cornell.edu [Source type: Original source]

^ United States , 389 U.S. 347, 357 (1967), searches and seizures conducted in the absence of "a judicial warrant issued upon probable cause and particularly describing the items to be seized" are per se unreasonable.
  • Fourth Amendment Issues Raised By Chemical Weapons Inspection Regime 16 January 2010 18:11 UTC www.justice.gov [Source type: Original source]

.In Terry, the Supreme Court ruled that when a police officer witnesses "unusual conduct" that leads that officer to reasonably believe "that criminal activity may be afoot", that the suspicious person has a weapon and that the person is presently dangerous to the officer or others, the officer may conduct a "pat-down search" (or "frisk") to determine whether the person is carrying a weapon.^ Search the opinions of the US Supreme Court .
  • Search the Opinions of the US Supreme Court 16 January 2010 18:11 UTC lii.law.cornell.edu [Source type: Original source]

^ Only the courts may determine whether one has violated a criminal statute.
  • U.S. Senate: Reference Home > Constitution of the United States 16 January 2010 18:11 UTC www.senate.gov [Source type: Original source]

^ He warns that others may not be so reasonable.
  • The Real Titles of Nobility Amendment FAQ 16 January 2010 18:11 UTC www.thirdamendment.com [Source type: Original source]

.To conduct a frisk, officers must be able to point to specific and articulatory facts which, taken together with rational inferences from those facts, reasonably warrant their actions.^ "But it is precisely because these motivations are beyond our purview that we must vigilantly ensure that officers' post-stop actions, which are properly within our reach, comport with the 4th Amendment's guarantee of reasonableness."

^ Apparent facts discovered through logical inquiry that would lead a reasonably intelligent and prudent person to believe that an accused person has committed a crime, thereby warranting his or her prosecution, or that a cause of action has accrued, justifying a civil lawsuit.
  • Al Franken Reads the 4th Amendment to DoJ Official - dslreports.com 16 January 2010 18:11 UTC www.dslreports.com [Source type: Original source]

^ Warrants may not be issued except upon probable cause, and must specifically describe the place to be searched and the person or thing to be seized.
  • Washington State Courts - Lesson Plans 16 January 2010 18:11 UTC www.courts.wa.gov [Source type: Original source]

A vague hunch will not do. .Such a search must be temporary and questioning must be limited to the purpose of the stop (i.e., officers who stop a person because they have reasonable suspicion to believe that the person was driving a stolen car, cannot, after confirming that it is not stolen, compel the person to answer questions about anything else, such as the possession of contraband).^ They must have at least reasonable suspicion to stop a vehicle and question the driver.
  • 5 Federal Court Cases That Weakened The 4th Amendment 16 January 2010 18:11 UTC blog.motorists.org [Source type: FILTERED WITH BAYES]

^ They must be stopped.
  • Legality of the 14th Amendment (Congressional Record) 16 January 2010 18:11 UTC www.civil-liberties.com [Source type: Original source]

^ In Katz, the Court defined a "search" as any governmental intrusion into something in which a person has a reasonable expectation of privacy and "seizure" as taking into possession, custody, or control.
  • Teaching about the Fourth Amendment's Protection against Unreasonable Searches and Seizures. ERIC Digest. 16 January 2010 18:11 UTC www.ericdigests.org [Source type: FILTERED WITH BAYES]

[21]

Seizure

.The Fourth Amendment proscribes unreasonable seizure of any person, person's home (including its curtilage) or personal property without a warrant.^ The Fourth Amendment protects against unreasonable "seizures."
  • United States of America v. Drayton 16 January 2010 18:11 UTC www.aele.org [Source type: Original source]

^ FOURTH AMENDMENT This amendment states that people, their homes or their belongings are protected from unreasonable searches or seizures.
  • Washington State Courts - Lesson Plans 16 January 2010 18:11 UTC www.courts.wa.gov [Source type: Original source]

^ The fourth guards against unreasonable searches, arrests, and seizures of property.
  • United States Constitution 16 January 2010 18:11 UTC www.4lawschool.com [Source type: Original source]
  • Los Angeles Lawyer - United States Constitution 16 January 2010 18:11 UTC www.danataschner.com [Source type: Original source]

.A seizure of property occurs when there is meaningful interference by the government with an individual's possessory interests,[22] such as when police officers take personal property away from an owner to use as evidence.^ The government must pay a person for any property it takes for public use.
  • Washington State Courts - Lesson Plans 16 January 2010 18:11 UTC www.courts.wa.gov [Source type: Original source]

^ In Katz, the Court defined a "search" as any governmental intrusion into something in which a person has a reasonable expectation of privacy and "seizure" as taking into possession, custody, or control.
  • Teaching about the Fourth Amendment's Protection against Unreasonable Searches and Seizures. ERIC Digest. 16 January 2010 18:11 UTC www.ericdigests.org [Source type: FILTERED WITH BAYES]

^ Part I focuses on the danger of drug-courier profiles, while part II takes aim at unconstitutional search-and-seizure practices used by police in prosecuting the war on dope.
  • Subtracting the 4th Amendment 16 January 2010 18:11 UTC www.wnd.com [Source type: Original source]

.The Amendment also protects against unreasonable seizure of their persons, including a brief detention.^ The Fourth Amendment protects against unreasonable "seizures."
  • United States of America v. Drayton 16 January 2010 18:11 UTC www.aele.org [Source type: Original source]

^ Teaching about the Fourth Amendment's Protection against Unreasonable Searches and Seizures.
  • Teaching about the Fourth Amendment's Protection against Unreasonable Searches and Seizures. ERIC Digest. 16 January 2010 18:11 UTC www.ericdigests.org [Source type: FILTERED WITH BAYES]

^ Amendment IV [Persons and houses to be secure from unreasonable searches and seizures.
  • http://www.infoplease.com/ipa/A0749825.html 16 January 2010 18:11 UTC www.infoplease.com [Source type: Original source]
  • http://www.factmonster.com/ipka/A0749825.html 16 January 2010 18:11 UTC www.factmonster.com [Source type: Original source]

[23]
.A seizure does not occur just because the government questions an individual in a public place.^ The Fourth Amendment is to be construed in the light of what was deemed an unreasonable search and seizure when it was adopted, and in a manner which will conserve public interests as well as the interests and rights of individual citizens.” Carroll v.
  • A Man’s House is His Castle: Interpretation of the Fourth Amendment | Andrew Ferguson 16 January 2010 18:11 UTC andrewferguson.net [Source type: FILTERED WITH BAYES]

^ The Government does not question these basic principles.

^ Why does the Federal Government collect revenue from individual citizens then turn around and give it right back to the States?
  • Tenth Amendment Center |  The 10th Amendment Movement 16 January 2010 18:11 UTC www.tenthamendmentcenter.com [Source type: Original source]

.The exclusionary rule would not bar voluntary answers to such questions from being offered into evidence in a subsequent criminal prosecution.^ And if the statute of limitation bars prosecution for the crime, he will be compelled to answer.
  • The Constitution For The United States, Its Sources and Its Applications - Amendment Articles I - X 16 January 2010 18:11 UTC www.barefootsworld.net [Source type: Original source]

^ As for the Fourth Amendment, inasmuch as the “business records” seized were evidence of criminal acts, they were properly seizable under the rule of Warden v.
  • CRS/LII Annotated Constitution Fourth Amendment 16 January 2010 18:11 UTC www4.law.cornell.edu [Source type: Original source]

^ Also, criminal acquittal does not bar a subsequent civil suit for damages.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 16 January 2010 18:11 UTC tabacco.blog-city.com [Source type: Original source]

.The person is not being seized if his freedom of movement is not restrained.^ Rhode Island Free Press Clause: The liberty of the press being essential to the security of freedom in a state, any person may publish sentiments on any subject, being responsible for the abuse of that liberty .
  • Testimony of Eugene Volokh on the Second Amendment, SenateSubcommittee on the Constitution, Sept. 23, 1998. 16 January 2010 18:11 UTC www.law.ucla.edu [Source type: Original source]

^ Unless he had proof that he was free or unless some white person would step forward to testify his freedom, he stood to lose what little there was in being a free person of color.” 14 .
  • Bryan Wilhite: The Constitution of the United States 16 January 2010 18:11 UTC kintespace.com [Source type: Original source]

^ The comments, made in 2005, came after revelations of a huge extent of information about Americans personal lives that was being seized by the government.
  • Irregular Times » fourth amendment 16 January 2010 18:11 UTC irregulartimes.com [Source type: Original source]

[24][25] .The government may not detain an individual even momentarily without reasonable, objective grounds, with few exceptions.^ His idea of government is that the “government” will approve what the individual may or may not do.
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 16 January 2010 18:11 UTC pajamasmedia.com [Source type: Original source]

^ The 4th Amendment protects the people from the government improperly taking property, papers, or people, without a valid warrant based on probable cause (good reason).
  • Constitutionx 16 January 2010 18:11 UTC www.auburn.edu [Source type: Original source]

^ Only in exceptional cases the King and the government together may refuse to sanction a law.
  • Amendments to the Constitution of Liechtenstein proposedby the Princely House of Liechtenstein 16 January 2010 18:11 UTC assembly.coe.int [Source type: Original source]

His refusal to listen or answer does not by itself furnish such grounds.[26]
.A person is seized within the meaning of the Fourth Amendment only when by means of physical force or show of authority his freedom of movement is restrained, and in the circumstances surrounding the incident, a reasonable person would believe that he was not free to leave.^ The Fourth Amendment’s “general touchstone of reasonableness .
  • CRS/LII Annotated Constitution Fourth Amendment 16 January 2010 18:11 UTC www4.law.cornell.edu [Source type: Original source]

^ And it is a reasonableness standard in the Fourth Amendment.
  • Daily Kos: Al Franken Schools Justice Dept on The Constitution! 16 January 2010 18:11 UTC www.dailykos.com [Source type: Original source]

^ Place, 462 U.S. 696 (1983) , that 'the particular course of investigation that the agents intended to pursue here -- exposure of respondent's luggage, which was located in a public place, to a trained canine -- did not constitute a 'search' within the meaning of the Fourth Amendment.'
  • DRUG DOGS IN SCHOOLS, FOURTH AMENDMENT RIGHTS AGAINST SEARCHES &SEIZURES and Unconstitutional Searches Drug Dog Cases - Professor Rex Currydrugdogcases GUN LAWYER DR. REX CURRY : GUN CONTROLS ARE WRONG. Gun Laws- repeal them for public safety. Professor Rex Curry, Libertarian lecturer,debunks firearms restrictions. Photograph http://rexcurry.net/nazi%20salute%209b.jpg 16 January 2010 18:11 UTC members.ij.net [Source type: FILTERED WITH BAYES]

[26] .As long as the police do not convey a message that compliance with their requests is required, the courts will usually consider the police contact to be a "citizen encounter" which falls outside the protections of the Fourth Amendment.^ Note: This decision regards Fourth Amendment protections to non-citizens outside this country.
  • UNITED STATES v. VERDUGO-URQUIDEZ 16 January 2010 18:11 UTC www.guncite.com [Source type: Original source]

^ The Fourth Amendment "protects people, not places".
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 16 January 2010 18:11 UTC tabacco.blog-city.com [Source type: Original source]

^ For the Fourth Amendment protects people, not places.

[27] .If a person remains free to disregard questioning by the government, there has been no intrusion upon the person's liberty or privacy under the Fourth Amendment — there has been no seizure.^ While free speech was protected under the First Amendment, there is some question as to what that means.
  • http://www.bbc.co.uk/dna/h2g2/A33105449 16 January 2010 18:11 UTC www.bbc.co.uk [Source type: Original source]

^ There is...no social worker exception to the strictures of the Fourth Amendment.
  • American Constitutional Rights Education for Social Workers (andeverybody else too) 16 January 2010 18:11 UTC familyrightsassociation.com [Source type: Original source]

^ No 4th amendment implications there.
  • Mail Tiiiime: Hoo, boy am I going to be happy when healthcare is out of the news. « 12 o'clock news blues 16 January 2010 18:11 UTC 12oclocknewsblues.wordpress.com [Source type: Original source]

[26]

Exceptions

.The government may not detain an individual even momentarily without reasonable and articulable suspicion, with a few exceptions.^ His idea of government is that the “government” will approve what the individual may or may not do.
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 16 January 2010 18:11 UTC pajamasmedia.com [Source type: Original source]

^ The 4th Amendment protects the people from the government improperly taking property, papers, or people, without a valid warrant based on probable cause (good reason).
  • Constitutionx 16 January 2010 18:11 UTC www.auburn.edu [Source type: Original source]

^ Arms in the hands of citizens (may) be used at individual discretion…in private self defense…” -John Adams, A defense of the Constitutions of the Government of the USA, 471 (1788).
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 16 January 2010 18:11 UTC pajamasmedia.com [Source type: Original source]

.Where society's need is great and no other effective means of meeting the need is available, and intrusion on people's privacy is minimal, checkpoints toward that end may briefly detain motorists.^ As such we must disclaim any information herein, but that doesn't mean we are not going to share whatever information we have which may help people setup and organize a Grand Jury within their state, county, city, town or other jurisdiction.
  • The Federal Grand Jury is the 4th Branch of Government 16 January 2010 18:11 UTC macmcdougall.org [Source type: Original source]

^ REPRESENTATIVE JOHN RANDOLPH "A people who mean to continue free must be prepared to meet danger in person..."
  • Gainesville Target Range - The Second Amendment to the Constitution of the United States 16 January 2010 18:11 UTC www.gainesvilletargetrange.com [Source type: Original source]

^ The trick here is to realize that a normative definition of the expectation of privacy doesn't need to depend on threats or technology, but rather on what we -- as society -- decide it should be.
  • Schneier on Security: Privacy and the Fourth Amendment 16 January 2010 18:11 UTC www.schneier.com [Source type: Original source]

In Michigan v. .Sitz 496 U.S. 444 (1990), the Supreme Court allowed discretionless sobriety checkpoints.^ The Supreme Court considered but chose not to adopt a proposed amendment to Rule 41(a) that would have allowed for the issuance of "warrants to search property outside the United States."
  • Duke Law Journal: Corey M. Then, Searches And Seizures Of Americans Abroad:Re-Examining The Fourth Amendment's Warrant Clause And The ForeignIntelligence Exception Five Years After United States V. Bin Laden, 55Duke L.J. 1059 (2006) 16 January 2010 18:11 UTC www.law.duke.edu [Source type: Original source]

^ And in 1990 the Supreme Court ruled that "Notwithstanding the brief periods of federal service, the members of the state Guard unit continue to satisfy this description of a militia."

^ The State also argued that the U.S. Supreme Court should allow local government to handle police excesses in their own way.
  • Teaching about the Fourth Amendment's Protection against Unreasonable Searches and Seizures. ERIC Digest. 16 January 2010 18:11 UTC www.ericdigests.org [Source type: FILTERED WITH BAYES]

In United States v. .Martinez-Fuerte 428 U.S. 543 (1976), the Supreme Court allowed discretionless immigration checkpoints.^ The Supreme Court considered but chose not to adopt a proposed amendment to Rule 41(a) that would have allowed for the issuance of "warrants to search property outside the United States."
  • Duke Law Journal: Corey M. Then, Searches And Seizures Of Americans Abroad:Re-Examining The Fourth Amendment's Warrant Clause And The ForeignIntelligence Exception Five Years After United States V. Bin Laden, 55Duke L.J. 1059 (2006) 16 January 2010 18:11 UTC www.law.duke.edu [Source type: Original source]

^ On the date of the Supreme Court ruling, only one checkpoint had been established.

^ In fact, to allow the Supreme Court to interpret the Constitution, and to treat other branches of government as bound by the Court’s decisions, was a choice.
  • The Dynamic Constitution - Cambridge University Press 16 January 2010 18:11 UTC www.cambridge.org [Source type: Original source]

In Delaware v. .Prouse 440 U.S. 648 (1979), the Supreme Court allowed discretionless checkpoints for driver's licenses and registration.^ The Supreme Court considered but chose not to adopt a proposed amendment to Rule 41(a) that would have allowed for the issuance of "warrants to search property outside the United States."
  • Duke Law Journal: Corey M. Then, Searches And Seizures Of Americans Abroad:Re-Examining The Fourth Amendment's Warrant Clause And The ForeignIntelligence Exception Five Years After United States V. Bin Laden, 55Duke L.J. 1059 (2006) 16 January 2010 18:11 UTC www.law.duke.edu [Source type: Original source]

^ "There's no problem restricting our right to drive by requiring licensing of drivers and registration of cars.
  • The Eggmans Take on the Second Amendment 16 January 2010 18:11 UTC www.the-eggman.com [Source type: Original source]

^ The State also argued that the U.S. Supreme Court should allow local government to handle police excesses in their own way.
  • Teaching about the Fourth Amendment's Protection against Unreasonable Searches and Seizures. ERIC Digest. 16 January 2010 18:11 UTC www.ericdigests.org [Source type: FILTERED WITH BAYES]

In Illinois v. .Lidster 540 U.S. 419 (2004), the Supreme Court allowed focused informational checkpoints.^ The Supreme Court considered but chose not to adopt a proposed amendment to Rule 41(a) that would have allowed for the issuance of "warrants to search property outside the United States."
  • Duke Law Journal: Corey M. Then, Searches And Seizures Of Americans Abroad:Re-Examining The Fourth Amendment's Warrant Clause And The ForeignIntelligence Exception Five Years After United States V. Bin Laden, 55Duke L.J. 1059 (2006) 16 January 2010 18:11 UTC www.law.duke.edu [Source type: Original source]

^ This edition includes the Articles of Confederation, the Declaration of Independence and information about the structure and procedures of the Supreme Court.
  • Learn About United States (U.S.) Constitution Amendments | Constitution Facts 16 January 2010 18:11 UTC www.constitutionfacts.com [Source type: Original source]

^ The State also argued that the U.S. Supreme Court should allow local government to handle police excesses in their own way.
  • Teaching about the Fourth Amendment's Protection against Unreasonable Searches and Seizures. ERIC Digest. 16 January 2010 18:11 UTC www.ericdigests.org [Source type: FILTERED WITH BAYES]

However, discretionary checkpoints or general crime-fighting checkpoints are not allowed.[28]
Another exception is at borders and ports of entry.
.Roadblocks may be used to capture a particular fleeing criminal or locate a bomb.^ In some cases, individuals may be compelled to report or disclose evidence that may be used against them in criminal cases.
  • Fifth Amendment to the United States Constitution - dKosopedia 16 January 2010 18:11 UTC dkosopedia.com [Source type: Original source]

^ California , 332 U.S. 46 (1947), which held that the decision of an accused not to testify may be used against him in a state criminal trial.
  • Intent of the Fourteenth Amendment was to Protect All Rights 16 January 2010 18:11 UTC www.constitution.org [Source type: Original source]

[29]

Arrest

.Of course, when a person is arrested and taken into police custody, they have been seized (e.g., a reasonable person who is handcuffed and placed in the back of a police car would not think they were free to leave).^ A person detained in jail or under arrest is deemed to be in police custody.
  • Fifth Amendment to the United States Constitution - dKosopedia 16 January 2010 18:11 UTC dkosopedia.com [Source type: Original source]

^ There are certainly strong intuitive reasons to think that they would.
  • Video Surveillance and the Constitution of Public Space: Fitting the Fourth Amendment to a World that Tracks Image and Identity | Surveillance Technology from AllBusiness.com 16 January 2010 18:11 UTC www.allbusiness.com [Source type: Original source]

^ The place to be searched, and the persons or things to be seized .
  • Thought You Should Know - Answers to the Constitution Test 16 January 2010 18:11 UTC www.tysknews.com [Source type: Original source]

.A person subjected to a routine traffic stop on the other hand, has been seized, but is not "arrested" because traffic stops are a relatively brief encounter and are more analogous to a Terry stop than to a formal arrest.^ But, on the other hand, the courts are holding in case after case that if you do enter a home based on nothing more than an anonymous tip you are violating the Fourth Amendment rights of those being investigated.
  • HSLDA | The Fourth Amendment's Impact on Child Abuse Investigations 16 January 2010 18:11 UTC www.hslda.org [Source type: Original source]

^ The Fourth Amendment prohibits unreasonable searches and seizures and its protections extended to brief investigatory stops of persons or vehicle falling short of arrest.
  • Al Franken Reads the 4th Amendment to DoJ Official - dslreports.com 16 January 2010 18:11 UTC www.dslreports.com [Source type: Original source]

^ The probable cause standard is more important in criminal law than it is in civil law because it is used in criminal law as a basis for searching and arresting persons and depriving them of their liberty.
  • Al Franken Reads the 4th Amendment to DoJ Official - dslreports.com 16 January 2010 18:11 UTC www.dslreports.com [Source type: Original source]

[30] .A police officer does not have the authority to arrest someone for refusing to identify himself when he is not suspected of committing a crime.^ Ditto for an arrest of someone who commits a misdemeanor in the presence of the officer.
  • The University of Chicago Law School Faculty Blog: King George's Constitution 16 January 2010 18:11 UTC uchicagolaw.typepad.com [Source type: Original source]

^ ILLINOIS V. WARDLOW [Syllabus] Whether a person's sudden and unprovoked flight from a clearly identifiable police officer, who is patrolling a high crime area, is sufficiently suspicious to justify a temporary investigator stop pursuant to Terry v.
  • Search the Opinions of the US Supreme Court 16 January 2010 18:11 UTC lii.law.cornell.edu [Source type: Original source]

^ Fourth Amendment The Fourth Amendment guards against searches, arrests, and seizures of property without a specific warrant or a "probable cause" to believe a crime has been committed.
  • What are the amendments to the constitution? - Yahoo! Answers 16 January 2010 18:11 UTC answers.yahoo.com [Source type: Original source]

[31] .A search incidental to an arrest that is not permissible under state law does not violate the Fourth Amendment, if the arresting officer has probable cause.^ Fourth Amendment is violated by a general search [of one's home]."
  • Duke Law Journal: Corey M. Then, Searches And Seizures Of Americans Abroad:Re-Examining The Fourth Amendment's Warrant Clause And The ForeignIntelligence Exception Five Years After United States V. Bin Laden, 55Duke L.J. 1059 (2006) 16 January 2010 18:11 UTC www.law.duke.edu [Source type: Original source]

^ Transportation in violation of state laws prohibited.
  • United States Constitution Amendments 16 January 2010 18:11 UTC www.odessaoffice.com [Source type: Original source]

^ OH implied consent statute does not violate Fourth Amendment .
  • FourthAmendment.com - Post details: OH implied consent statute does not violate Fourth Amendment 16 January 2010 18:11 UTC fourthamendment.com [Source type: Original source]

[32][33]

Arrest by a citizen

.The Fourth Amendment does not apply to a seizure or an arrest by private citizens.^ It does not apply to the states or to private parties.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 16 January 2010 18:11 UTC tabacco.blog-city.com [Source type: Original source]

^ Nothing in my post suggested that the Fourth Amendment does not apply.
  • The University of Chicago Law School Faculty Blog: King George's Constitution 16 January 2010 18:11 UTC uchicagolaw.typepad.com [Source type: Original source]

^ The fourth guards against unreasonable searches, arrests, and seizures of property.
  • United States Constitution 16 January 2010 18:11 UTC www.4lawschool.com [Source type: Original source]
  • Los Angeles Lawyer - United States Constitution 16 January 2010 18:11 UTC www.danataschner.com [Source type: Original source]

.However, many states have passed laws that regulate the specific circumstances in which a private citizen may arrest another.^ State and Citizens of another State.''

^ Federal law passed in 2004 states: .
  • The United States Constitution 16 January 2010 18:11 UTC www.monroe.lib.in.us [Source type: Original source]

^ The ninth section bars Congress from passing any bills of attainder or ex post facto laws, and the tenth extends the prohibition to the states.
  • Declaration of Rights of the Women of the United States:Stanton and Anthony Papers Online 16 January 2010 18:11 UTC ecssba.rutgers.edu [Source type: Original source]

.Typically, a private person can make an arrest when: (1) a misdemeanor amounting to a public nuisance is being committed; or (2) a felony has been committed, and the arresting citizen has reasonable cause to believe that the person arrested committed it.^ Fourth Amendment The Fourth Amendment guards against searches, arrests, and seizures of property without a specific warrant or a "probable cause" to believe a crime has been committed.
  • What are the amendments to the constitution? - Yahoo! Answers 16 January 2010 18:11 UTC answers.yahoo.com [Source type: Original source]

^ Its responsibilities continue to include both the determination whether there is probable cause to believe a crime has been committed and the protection of citizens against unfounded criminal prosecutions.
  • EDITORIAL - www.CUSC.org 16 January 2010 18:11 UTC www.cusc.org [Source type: Original source]
  • The Federal Grand Jury is the 4th Branch of Government 16 January 2010 18:11 UTC macmcdougall.org [Source type: Original source]

^ While a public space might seem like a poor location for people to engage in private or personal activities, they often have little choice.
  • Video Surveillance and the Constitution of Public Space: Fitting the Fourth Amendment to a World that Tracks Image and Identity | Surveillance Technology from AllBusiness.com 16 January 2010 18:11 UTC www.allbusiness.com [Source type: Original source]

[34]

Warrant

.Under the Fourth Amendment, law enforcement must receive written permission from a court of law, or otherwise qualified magistrate, to lawfully search and seize evidence while investigating criminal activity.^ We do not deal in this case with the law of detention or arrest under the Fourth Amendment.

^ Evidence seized during an illegal search must be excluded from court.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 16 January 2010 18:11 UTC tabacco.blog-city.com [Source type: Original source]

^ Jeffers, 342 U.S. 48, 51, and that searches conducted outside the judicial process, without prior approval by judge or magistrate, are per se unreasonable under the Fourth Amendment [n18] -- subject only to a few specifically established and well delineated exceptions.
  • Slashdot | Challenge To US Government Over Seized Laptops 16 January 2010 18:11 UTC slashdot.org [Source type: Original source]

.A court grants permission by issuing a writ known as a warrant.^ The lengthy decision, extensively discussing the use of non-traditional methods of obtaining evidence for warrants, was issued upon remand from the U.S. Supreme Court in Florida v.
  • DRUG DOGS IN SCHOOLS, FOURTH AMENDMENT RIGHTS AGAINST SEARCHES &SEIZURES and Unconstitutional Searches Drug Dog Cases - Professor Rex Currydrugdogcases GUN LAWYER DR. REX CURRY : GUN CONTROLS ARE WRONG. Gun Laws- repeal them for public safety. Professor Rex Curry, Libertarian lecturer,debunks firearms restrictions. Photograph http://rexcurry.net/nazi%20salute%209b.jpg 16 January 2010 18:11 UTC members.ij.net [Source type: FILTERED WITH BAYES]

^ Over the years, that court has granted thousands of such warrants, and has denied but a handful.
  • The Constitution 16 January 2010 18:11 UTC www.foothill.net [Source type: Original source]

^ As a result, everyone is a criminal suspect without probable cause or warrant issued by a court of law.
  • Jake Towne's 4th Amendment Speech Against Lancaster Camera Surveillance 16 January 2010 18:11 UTC www.nolanchart.com [Source type: Original source]

.A search or seizure is generally unreasonable and unconstitutional, if conducted without a valid warrant,[35] and the police must obtain a warrant whenever practicable.^ What's considered an unreasonable search and seizure?
  • Al Franken Reads the 4th Amendment to DoJ Official - dslreports.com 16 January 2010 18:11 UTC www.dslreports.com [Source type: Original source]

^ The Amendment says unreasonable search and seizure."
  • Daily Kos: Al Franken Schools Justice Dept on The Constitution! 16 January 2010 18:11 UTC www.dailykos.com [Source type: Original source]

^ The 4th Amendment protects the people from the government improperly taking property, papers, or people, without a valid warrant based on probable cause (good reason).
  • Constitutionx 16 January 2010 18:11 UTC www.auburn.edu [Source type: Original source]

[36] .Searches and seizures without a warrant are not considered unreasonable if one of the specifically established and well-delineated exceptions to the warrant requirement applies.^ Probable cause is required, related to particular items for search and seizure – without exception.
  • Irregular Times » fourth amendment 16 January 2010 18:11 UTC irregulartimes.com [Source type: Original source]

^ It is well established Constitutional law that such activities do not require any warrant.
  • Daily Kos: Al Franken Schools Justice Dept on The Constitution! 16 January 2010 18:11 UTC www.dailykos.com [Source type: Original source]

^ What's considered an unreasonable search and seizure?
  • Al Franken Reads the 4th Amendment to DoJ Official - dslreports.com 16 January 2010 18:11 UTC www.dslreports.com [Source type: Original source]

[37]

Probable cause

.When police conduct a search, the amendment requires that the warrant establishes probable cause to believe that the search will uncover criminal activity or contraband.^ The requirement of probable cause works in tandem with the warrant requirement.
  • Al Franken Reads the 4th Amendment to DoJ Official - dslreports.com 16 January 2010 18:11 UTC www.dslreports.com [Source type: Original source]

^ It is well established Constitutional law that such activities do not require any warrant.
  • Daily Kos: Al Franken Schools Justice Dept on The Constitution! 16 January 2010 18:11 UTC www.dailykos.com [Source type: Original source]

^ It is a search without a warrant, with no probable cause, and without a specific suspect.
  • Schneier on Security: Privacy and the Fourth Amendment 16 January 2010 18:11 UTC www.schneier.com [Source type: Original source]

.In other words, they must have legally sufficient reasons to believe a search is necessary.^ In other words, they imply democracy.
  • Amendments to the Constitution of Liechtenstein proposedby the Princely House of Liechtenstein 16 January 2010 18:11 UTC assembly.coe.int [Source type: Original source]

^ In order to do that you look at the then-existing legal landscape, the usage of same word in other parts of the statute, etc.
  • Daily Kos: Al Franken Schools Justice Dept on The Constitution! 16 January 2010 18:11 UTC www.dailykos.com [Source type: Original source]

^ These words encompass the concepts of adversity between parties, and require that litigants must have suffered injury sufficient to invoke the power of a federal court.
  • U.S. Senate: Reference Home > Constitution of the United States 16 January 2010 18:11 UTC www.senate.gov [Source type: Original source]

In Carroll v. .United States, 267 U.S. 132 (1925), the Supreme Court stated that probable cause to search is a flexible, common-sense standard.^ This refusal is now before the United States Supreme Court.
  • Is the Income Tax a Massive Fraud? Supreme Court to Hear Case of Hirmer v. United States - ClearysNoteBook 16 January 2010 18:11 UTC www.gloucestercitynews.net [Source type: General]

^ It might be of interest to know that the United States Supreme Court in Williams v.
  • Bryan Wilhite: The Constitution of the United States 16 January 2010 18:11 UTC kintespace.com [Source type: Original source]

^ Search the opinions of the US Supreme Court .
  • Search the Opinions of the US Supreme Court 16 January 2010 18:11 UTC lii.law.cornell.edu [Source type: Original source]

.To that end, the Court ruled in Dumbra v.^ Smith brought the case to court and the Supreme Court ended up ruling against him in Employment Division v Smith in 1990.
  • http://www.bbc.co.uk/dna/h2g2/A33105449 16 January 2010 18:11 UTC www.bbc.co.uk [Source type: Original source]

.United States
, 268 U.S. 435 (1925), that “the term probable cause...means less than evidence that would justify condemnation[,]” reiterating Carroll's assertion that it merely requires that the facts available to the officer would “warrant a man of reasonable caution in the belief,”[38] that specific items may be contraband or stolen property or useful as evidence of a crime; it does not demand any showing that such a belief be correct or more likely true than false.^ Reasonable suspicion is a level of belief that is less than probable cause.
  • Al Franken Reads the 4th Amendment to DoJ Official - dslreports.com 16 January 2010 18:11 UTC www.dslreports.com [Source type: Original source]

^ The requirement of probable cause works in tandem with the warrant requirement.
  • Al Franken Reads the 4th Amendment to DoJ Official - dslreports.com 16 January 2010 18:11 UTC www.dslreports.com [Source type: Original source]

^ Probable Cause - Reasonable grounds for belief that an accused person may be subject to arrest or the issuance of a warrant.
  • Al Franken Reads the 4th Amendment to DoJ Official - dslreports.com 16 January 2010 18:11 UTC www.dslreports.com [Source type: Original source]

.A "practical, nontechnical" probability that incriminating evidence is involved is all that is required.^ In practice this requirement means that an officer need not possess the measure of knowledge that constitutes probable cause to stop and frisk a person in a public place.
  • Al Franken Reads the 4th Amendment to DoJ Official - dslreports.com 16 January 2010 18:11 UTC www.dslreports.com [Source type: Original source]

^ The Fourth Amendment has been among the most heavily litigated of all the Bill of Rights, but the Supreme Court has considered the probable cause requirement in a relatively small number of cases.
  • Al Franken Reads the 4th Amendment to DoJ Official - dslreports.com 16 January 2010 18:11 UTC www.dslreports.com [Source type: Original source]

^ Over the last half century, the Supreme Court has interpreted the Fourth Amendment to require a warrant and probable cause for all searches and seizures, as well as the exclusion from trial of illegally obtained evidence.
  • Duke Law Journal: Corey M. Then, Searches And Seizures Of Americans Abroad:Re-Examining The Fourth Amendment's Warrant Clause And The ForeignIntelligence Exception Five Years After United States V. Bin Laden, 55Duke L.J. 1059 (2006) 16 January 2010 18:11 UTC www.law.duke.edu [Source type: Original source]

[39] In Illinois v. Gates, 462 U.S. 213 (1983), the Supreme Court ruled that the reliability of an informant is to be determined based on the "totality of the circumstances."
.At common law, a police officer could arrest an individual if that individual committed a misdemeanor in the officer's presence or if the officer had probable cause to believe that the individual was committing a felony.^ In any case, an officer may not arrest a person until the officer possesses probable cause to believe that the person has committed a crime.
  • Al Franken Reads the 4th Amendment to DoJ Official - dslreports.com 16 January 2010 18:11 UTC www.dslreports.com [Source type: Original source]

^ Ditto for an arrest of someone who commits a misdemeanor in the presence of the officer.
  • The University of Chicago Law School Faculty Blog: King George's Constitution 16 January 2010 18:11 UTC uchicagolaw.typepad.com [Source type: Original source]

^ The court further ruled that the police did not have probable cause to detain, frisk, and threaten to arrest Walsh, since he was not breaking any law but merely asserting his fundamental right to be left alone.
  • American Constitutional Rights Education for Social Workers (andeverybody else too) 16 January 2010 18:11 UTC familyrightsassociation.com [Source type: Original source]

.For misdemeanors, probable cause to believe that a wrongdoer committed a misdemeanor is not sufficient for an arrest; the police officer has to actually witness the misdemeanor.^ In any case, an officer may not arrest a person until the officer possesses probable cause to believe that the person has committed a crime.
  • Al Franken Reads the 4th Amendment to DoJ Official - dslreports.com 16 January 2010 18:11 UTC www.dslreports.com [Source type: Original source]

^ Ditto for an arrest of someone who commits a misdemeanor in the presence of the officer.
  • The University of Chicago Law School Faculty Blog: King George's Constitution 16 January 2010 18:11 UTC uchicagolaw.typepad.com [Source type: Original source]

^ The court further ruled that the police did not have probable cause to detain, frisk, and threaten to arrest Walsh, since he was not breaking any law but merely asserting his fundamental right to be left alone.
  • American Constitutional Rights Education for Social Workers (andeverybody else too) 16 January 2010 18:11 UTC familyrightsassociation.com [Source type: Original source]

[30]
.The standards of probable cause differ for an arrest and a search.^ Searches conducted without warrants have been held unlawful "notwithstanding facts unquestionably showing probable cause," Agnello v.

^ While no drugs were found in the search, the Davidson police maintain that the ganja graphic was probable cause for a rummage and rumple session through the woman's car.
  • Subtracting the 4th Amendment 16 January 2010 18:11 UTC www.wnd.com [Source type: Original source]

^ Thus, the court held that officers, upon exigency and probable cause, may conduct an automobile search without a warrant.
  • So What Ever Happened to the Fourth Amendment 16 January 2010 18:11 UTC gladstone.uoregon.edu [Source type: Original source]

.The government has a probable cause to make an arrest when "the facts and circumstances within their knowledge and of which they had reasonably trustworthy information" would lead a prudent person to believe that the arrested person had committed or was committing a crime.^ Most searches must be justified by "probable cause" - "that is, a reasonable belief that a particular person has committed a particular crime."
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 16 January 2010 18:11 UTC tabacco.blog-city.com [Source type: Original source]

^ Most must be justified by "probable cause" - "that is, a reasonable belief that a particular person has committed a particular crime."
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 16 January 2010 18:11 UTC tabacco.blog-city.com [Source type: Original source]

^ Why would you spy on people without probable cause to believe a crime has been committed?
  • Irregular Times » fourth amendment 16 January 2010 18:11 UTC irregulartimes.com [Source type: Original source]

[40] .Probable cause to arrest must exist before the arrest is made.^ Probable cause can exist even when there is some doubt as to the person's guilt.
  • Al Franken Reads the 4th Amendment to DoJ Official - dslreports.com 16 January 2010 18:11 UTC www.dslreports.com [Source type: Original source]

^ Hunches or generalized suspicions are not reasonable grounds for concluding that probable cause exists.
  • Al Franken Reads the 4th Amendment to DoJ Official - dslreports.com 16 January 2010 18:11 UTC www.dslreports.com [Source type: Original source]

^ Instead, it simply provides that, if an officer seeks to obtain a warrant, he must demonstrate probable cause to obtain one.
  • The University of Chicago Law School Faculty Blog: King George's Constitution 16 January 2010 18:11 UTC uchicagolaw.typepad.com [Source type: Original source]

.Evidence obtained after the arrest may not apply retroactively to justify the arrest.^ Warrantless searches incident to a lawful arrest may be made for weapons and evidence that may be destroyed.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 16 January 2010 18:11 UTC tabacco.blog-city.com [Source type: Original source]

^ The Supreme Court has held that evidence obtained in violation of the Fourth Amendment may not be admitted in evidence in a criminal trial.
  • U.S. GOVERNMENT > Introduction to the U.S. System > About America: The Constitution of the United States of America with Explanatory Notes 16 January 2010 18:11 UTC infousa.state.gov [Source type: Original source]
  • Amendments to the U.S. Constitution, Annotated 16 January 2010 18:11 UTC www.america.gov [Source type: Original source]
  • THE CONSTITUTION OF THE UNITED STATES OF AMERICA With Explanatory Notes 16 January 2010 18:11 UTC www.4uth.gov.ua [Source type: Original source]

^ The officer can arrest you for committing a crime in his presence, and based upon the same evidence, he will be able to obtain a warrant to search your home for child pornography.
  • Schneier on Security: Privacy and the Fourth Amendment 16 January 2010 18:11 UTC www.schneier.com [Source type: Original source]

[41]

Exclusionary rule

.One way courts enforce the Fourth Amendment is with the exclusionary rule.^ The exclusionary rule is a means adopted by the Supreme Court for enforcement of Fourth Amendment requirements.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 16 January 2010 18:11 UTC tabacco.blog-city.com [Source type: Original source]

^ The Supreme Court considered but chose not to adopt a proposed amendment to Rule 41(a) that would have allowed for the issuance of "warrants to search property outside the United States."
  • Duke Law Journal: Corey M. Then, Searches And Seizures Of Americans Abroad:Re-Examining The Fourth Amendment's Warrant Clause And The ForeignIntelligence Exception Five Years After United States V. Bin Laden, 55Duke L.J. 1059 (2006) 16 January 2010 18:11 UTC www.law.duke.edu [Source type: Original source]

^ The Supreme Court has not ruled on the issue of whether attachment of a GPS device to track an automobile would violate the Fourth Amendment.
  • A “Right to be Secure” From GPS Tracking? Not Under the Fourth Amendment « Albany Government Law Review Fireplace 16 January 2010 18:11 UTC glrfireplace.albanygovernmentlawreview.org [Source type: FILTERED WITH BAYES]

.The rule provides that evidence obtained through a violation of the Fourth Amendment is generally not admissible by the prosecution during the defendant's criminal trial.^ Fourth Amendment is violated by a general search [of one's home]."
  • Duke Law Journal: Corey M. Then, Searches And Seizures Of Americans Abroad:Re-Examining The Fourth Amendment's Warrant Clause And The ForeignIntelligence Exception Five Years After United States V. Bin Laden, 55Duke L.J. 1059 (2006) 16 January 2010 18:11 UTC www.law.duke.edu [Source type: Original source]

^ The Supreme Court has held that evidence obtained in violation of the Fourth Amendment may not be admitted in evidence in a criminal trial.
  • Amendments to the U.S. Constitution, Annotated 16 January 2010 18:11 UTC www.america.gov [Source type: Original source]
  • THE CONSTITUTION OF THE UNITED STATES OF AMERICA With Explanatory Notes 16 January 2010 18:11 UTC www.4uth.gov.ua [Source type: Original source]

^ Commentary: The Sixth Amendment provides for jury trials in criminal cases.
  • Amendments to the U.S. Constitution, Annotated 16 January 2010 18:11 UTC www.america.gov [Source type: Original source]

The Court adopted the exclusionary rule in Weeks v. .United States, 232 U.S. 383 (1914), prior to which all evidence, no matter how seized, could be admitted in court.^ United States, 232 U.S. 383, but that an open field is not.

^ As the court pointed out in United States v.
  • Daily Kos: Al Franken Schools Justice Dept on The Constitution! 16 January 2010 18:11 UTC www.dailykos.com [Source type: Original source]

^ At this time, evidence obtained in violation of the Fourth Amendment could be admitted in state courts.
  • FindLaw Supreme Court Center: U.S. Constitution: Fourth Amendment: Annotations pg. 5 of 6 16 January 2010 18:11 UTC supreme.lp.findlaw.com [Source type: Original source]

Additionally, in Silverthorne Lumber Co. v. .United States, 251 U.S. 385 (1920) and Nardone v.^ United States, 385 U.S. 293, 303 (1966) (holding admissible a conversation obtained through the defendant's misplaced trust in an informant); Schmerber v.
  • Duke Law Journal: Corey M. Then, Searches And Seizures Of Americans Abroad:Re-Examining The Fourth Amendment's Warrant Clause And The ForeignIntelligence Exception Five Years After United States V. Bin Laden, 55Duke L.J. 1059 (2006) 16 January 2010 18:11 UTC www.law.duke.edu [Source type: Original source]

^ Amendment XIX of the United States Constitution was passed by the U.S. Congress on June 4, 1919 and was ratified on August 18, 1920.
  • Wikijunior:United States Charters of Freedom/Additional amendments to the United States Constitution - Wikibooks, collection of open-content textbooks 16 January 2010 18:11 UTC en.wikibooks.org [Source type: Original source]

^ Amendment 19 – Woman Suffrage (ratified August 18, 1920) The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of sex.
  • Constitution of the United States of America - Black Hills South Dakota News & Video Documents on Black Hills Today 16 January 2010 18:11 UTC blackhillsportal.com [Source type: Original source]

.United States
, 308 U.S. 338 (1939), the Court ruled that tips resulting from illegally obtained evidence are also inadmissible in trials as fruit of the poisonous tree.^ As the court pointed out in United States v.
  • Daily Kos: Al Franken Schools Justice Dept on The Constitution! 16 January 2010 18:11 UTC www.dailykos.com [Source type: Original source]

^ In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
  • United States Constitution - a knol by CFTC 16 January 2010 18:11 UTC knol.google.com [Source type: Original source]
  • Bill of Rights and Later Amendments 16 January 2010 18:11 UTC www.ushistory.org [Source type: Original source]

^ Amendment VII [ Annotations ] In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
  • FindLaw: U.S. Constitution: Amendments 16 January 2010 18:11 UTC caselaw.lp.findlaw.com [Source type: Original source]

.The rule serves primarily to deter police officers from willfully violating a suspect's Fourth Amendment rights.^ Some Sixth Amendment right violations too.
  • The constitution of the United States - Forums | MacLife 16 January 2010 18:11 UTC www.maclife.com [Source type: Original source]

^ This clearly violates the Fourth Amendment.
  • Daily Kos: Al Franken Schools Justice Dept on The Constitution! 16 January 2010 18:11 UTC www.dailykos.com [Source type: Original source]

^ Sixth Judicial District Court of Nevada , the Supreme Court ruled 5-4 on June 21 , 2004 that the First, Fifth, and Fourteenth Amendments do not give people the right to refuse to give their name when questioned by police.
  • Fifth Amendment to the United States Constitution - dKosopedia 16 January 2010 18:11 UTC dkosopedia.com [Source type: Original source]

.The rationale behind the exclusionary rule is that if the police know evidence obtained in violation of the Fourth Amendment cannot be used to convict someone of a crime, they will not violate it.^ At this time, evidence obtained in violation of the Fourth Amendment could be admitted in state courts.
  • FindLaw Supreme Court Center: U.S. Constitution: Fourth Amendment: Annotations pg. 5 of 6 16 January 2010 18:11 UTC supreme.lp.findlaw.com [Source type: Original source]

^ Also, note that this paper will deliberately not deal with the exclusionary rule or the concept surrounding “fruit of the poisonous tree.” This paper is strictly limited to warrants and the Fourth Amendment.
  • Fourth Amendment | Andrew Ferguson 16 January 2010 18:11 UTC andrewferguson.net [Source type: Original source]

^ Inevitably, the use of electronic devices in law enforcement was challenged, and in 1928 the Court reviewed convictions obtained on the basis of evidence gained through taps on telephone wires in violation of state law.
  • FindLaw Supreme Court Center: U.S. Constitution: Fourth Amendment: Annotations pg. 5 of 6 16 January 2010 18:11 UTC supreme.lp.findlaw.com [Source type: Original source]

In delivering the opinion of the Court, Justice Frankfurter, in Wolf v. .Colorado, 338 U.S. 25 (1949), rejected incorporation of the Fourth Amendment by way of the Fourteenth Amendment.^ This Amendment has been applied to the states by incorporation in the Fourteenth Amendment.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 16 January 2010 18:11 UTC tabacco.blog-city.com [Source type: Original source]

^ Thus, rather than reject incorporation of the Second and Fourth Amendments in the Fourteenth, the Supreme Court merely refused to decide the defendant's claim because its powers of adjudication were limited to the review of errors timely assigned in the trial court.

^ Thus, rather than reject incorporation of the Second and Fourth Amendments in the Fourteenth, the Supreme Court merely refused to decide the defendant`s claim because its powers of adjudication were limited to the review of errors timely assigned in the trial court.
  • NRA-ILA :: Federal Court Cases Regarding The Second Amendment 16 January 2010 18:11 UTC www.nraila.org [Source type: Original source]

Later, in Mapp v. .Ohio, 367 U.S. 643 (1961), the Supreme Court explicitly overruled Wolf and made the Fourth Amendment (including the exclusionary rule) applicable in state proceedings as an essential part of criminal procedure.^ This rule has been applied to state courts since the 1961 decision in Mapp v.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 16 January 2010 18:11 UTC tabacco.blog-city.com [Source type: Original source]

^ The issue has not yet made it to the Supreme Court.
  • Slashdot | Challenge To US Government Over Seized Laptops 16 January 2010 18:11 UTC slashdot.org [Source type: Original source]

^ The exclusionary rule is a means adopted by the Supreme Court for enforcement of Fourth Amendment requirements.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 16 January 2010 18:11 UTC tabacco.blog-city.com [Source type: Original source]

Limitations

In United States v. .Calandra, 414 U.S. 338 (1974), the Supreme Court ruled that grand juries may use allegedly illegally obtained evidence in questioning witnesses because, to hold otherwise, would interfere with the independence of grand jury.^ The Supreme Court has yet to rule on these questions.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 16 January 2010 18:11 UTC tabacco.blog-city.com [Source type: Original source]

^ Otherwise, innocent persons may be punished if a court allows the testimony of unknown witnesses to be used as evidence.
  • U.S. GOVERNMENT > Introduction to the U.S. System > About America: The Constitution of the United States of America with Explanatory Notes 16 January 2010 18:11 UTC infousa.state.gov [Source type: Original source]
  • Amendments to the U.S. Constitution, Annotated 16 January 2010 18:11 UTC www.america.gov [Source type: Original source]
  • THE CONSTITUTION OF THE UNITED STATES OF AMERICA With Explanatory Notes 16 January 2010 18:11 UTC www.4uth.gov.ua [Source type: Original source]

^ You may disagree with it, but the Supreme Court disagrees with you.
  • Daily Kos: Al Franken Schools Justice Dept on The Constitution! 16 January 2010 18:11 UTC www.dailykos.com [Source type: Original source]

.The issue of illegality of search should be adjudged in a subsequent proceeding, after the defendant has been indicted.^ Search and arrest should be limited in scope according to specific information supplied to the issuing court, usually by a law enforcement officer, who has sworn by it.
  • Al Franken Reads the 4th Amendment to DoJ Official - dslreports.com 16 January 2010 18:11 UTC www.dslreports.com [Source type: Original source]

^ When a magistrate would have insulated the search from review by granting a warrant, a subsequent judicial application of the exclusionary rule does not mean the illegality of the search was a but-for cause of the introduction of the evidence.
  • Duke Law Journal: Corey M. Then, Searches And Seizures Of Americans Abroad:Re-Examining The Fourth Amendment's Warrant Clause And The ForeignIntelligence Exception Five Years After United States V. Bin Laden, 55Duke L.J. 1059 (2006) 16 January 2010 18:11 UTC www.law.duke.edu [Source type: Original source]

In United States v. .Leon, 468 U.S. 897 (1984), the Supreme Court, applying the "good faith" rule, held that evidence seized by officers relying in good faith on a warrant was still admissible, although the warrant was later found to be defective.^ Many years later, Justice Hugo Black (one of the judges who decided Miller ), commenting on the Second Amendment said, Although the Supreme Court has held this Amendment to include only arms necessary to a well-regulated militia, as so construed, its prohibition is absolute.
  • GunCite-Second Amendment-The Supreme Court and the Second Amendment 16 January 2010 18:11 UTC www.guncite.com [Source type: Original source]

^ The Supreme Court considered but chose not to adopt a proposed amendment to Rule 41(a) that would have allowed for the issuance of "warrants to search property outside the United States."
  • Duke Law Journal: Corey M. Then, Searches And Seizures Of Americans Abroad:Re-Examining The Fourth Amendment's Warrant Clause And The ForeignIntelligence Exception Five Years After United States V. Bin Laden, 55Duke L.J. 1059 (2006) 16 January 2010 18:11 UTC www.law.duke.edu [Source type: Original source]

^ The Supreme Court has also ruled that a sniff by a drug-detecting dog, which is commonly used at airports, is so minimally intrusive as not to constitute a search.
  • DRUG DOGS IN SCHOOLS, FOURTH AMENDMENT RIGHTS AGAINST SEARCHES &SEIZURES and Unconstitutional Searches Drug Dog Cases - Professor Rex Currydrugdogcases GUN LAWYER DR. REX CURRY : GUN CONTROLS ARE WRONG. Gun Laws- repeal them for public safety. Professor Rex Curry, Libertarian lecturer,debunks firearms restrictions. Photograph http://rexcurry.net/nazi%20salute%209b.jpg 16 January 2010 18:11 UTC members.ij.net [Source type: FILTERED WITH BAYES]

.Evidence would be excluded, however, if an officer dishonestly or recklessly prepared an affidavit to seek a warrant, the issuing magistrate abandoned his neutrality, or the warrant lacks sufficient particularity.^ He too, however, concluded that hearing officers lacked authority to award such damages.
  • Wrightslaw - The United States Court of Appeals for the Fourth Circuit. 16 January 2010 18:11 UTC www.wrightslaw.com [Source type: Original source]

^ Thus, the Supreme Court's previous statement that any warrant from an American magistrate "would be a dead letter outside the United States" still holds true.
  • Duke Law Journal: Corey M. Then, Searches And Seizures Of Americans Abroad:Re-Examining The Fourth Amendment's Warrant Clause And The ForeignIntelligence Exception Five Years After United States V. Bin Laden, 55Duke L.J. 1059 (2006) 16 January 2010 18:11 UTC www.law.duke.edu [Source type: Original source]

^ Seeking to deter the government by rewarding a criminal defendant with the windfall of excluding culpatory evidence treats him like "a private attorney general.
  • Duke Law Journal: Corey M. Then, Searches And Seizures Of Americans Abroad:Re-Examining The Fourth Amendment's Warrant Clause And The ForeignIntelligence Exception Five Years After United States V. Bin Laden, 55Duke L.J. 1059 (2006) 16 January 2010 18:11 UTC www.law.duke.edu [Source type: Original source]

.The Leon case applies only to search warrants.^ A case involving a search warrant, Jones v.
  • CRS/LII Annotated Constitution Fourth Amendment 16 January 2010 18:11 UTC www4.law.cornell.edu [Source type: Original source]

^ Feingold cites a report from the government itself, admitting that “in fiscal year 2008 only 3 out of the 763 sneak and peek search warrant applications were in terrorism cases.
  • Irregular Times » fourth amendment 16 January 2010 18:11 UTC irregulartimes.com [Source type: Original source]

^ The rule apparently never applied in case of a search of the person.
  • CRS/LII Annotated Constitution Fourth Amendment 16 January 2010 18:11 UTC www4.law.cornell.edu [Source type: Original source]

However, the Supreme Court held in Arizona v. Evans, 514 U.S. 1 (1995) and Herring v. .United States (2009), that the exclusionary rule does not apply to evidence found due to negligence regarding a government database, as long as the arresting police officer relied on that database in "good faith" and that the negligence was not pervasive.^ Sure it does - otherwise anything found is subject to the Exclusionary Rule.
  • Daily Kos: Al Franken Schools Justice Dept on The Constitution! 16 January 2010 18:11 UTC www.dailykos.com [Source type: Original source]

^ It does not apply to the states or to private parties.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 16 January 2010 18:11 UTC tabacco.blog-city.com [Source type: Original source]

^ Constitution in the government of the United States, or in any department or officer thereof.
  • FAN's Guide To Constitution of the United States of America 16 January 2010 18:11 UTC www.freedomactivist.net [Source type: Original source]

[42][43][44] .To what extent the "good faith" exception applies to warrantless seizures in other contexts remains unclear.^ In addition, Judge Sand applied the exclusionary rule's "good faith exception," which originally applied in the case of an invalid warrant, 58 to El-Hage's situation.
  • Duke Law Journal: Corey M. Then, Searches And Seizures Of Americans Abroad:Re-Examining The Fourth Amendment's Warrant Clause And The ForeignIntelligence Exception Five Years After United States V. Bin Laden, 55Duke L.J. 1059 (2006) 16 January 2010 18:11 UTC www.law.duke.edu [Source type: Original source]

^ It is difficult to imagine how any of those exceptions could ever apply to the sort of search and seizure involved in this case.

.The Supreme Court has held the rule does not apply in the following proceedings: probation or parole revocation hearings; tax hearings; deportation hearings; when government officials illegally seize evidence outside the United States; when a "private actor" (i.e., not a governmental employee) illegally seized the evidence; or when the illegally seized evidence is used to impeach the defendant's testimony.^ The Supreme Court has ruled that the Amendment XIII does not prohibit mandatory military service in the United States.
  • Wikijunior:United States Charters of Freedom/Additional amendments to the United States Constitution - Wikibooks, collection of open-content textbooks 16 January 2010 18:11 UTC en.wikibooks.org [Source type: Original source]

^ This rule has been applied to state courts since the 1961 decision in Mapp v.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 16 January 2010 18:11 UTC tabacco.blog-city.com [Source type: Original source]

^ As the Supreme Court has so brilliantly stated, we are the "buffer between the Government and the people."
  • The Federal Grand Jury is the 4th Branch of Government 16 January 2010 18:11 UTC macmcdougall.org [Source type: Original source]

Furthermore, in Rakas v. .Illinois, 439 U.S. 128 (1978), a defendant has standing to object to the admission of unconstitutionally seized evidence only if such seizure violated his own Fourth Amendment rights; a defendant may not assert another person's rights.^ Some Sixth Amendment right violations too.
  • The constitution of the United States - Forums | MacLife 16 January 2010 18:11 UTC www.maclife.com [Source type: Original source]

^ This clearly violates the Fourth Amendment.
  • Daily Kos: Al Franken Schools Justice Dept on The Constitution! 16 January 2010 18:11 UTC www.dailykos.com [Source type: Original source]

^ "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."
  • The Constitution 16 January 2010 18:11 UTC www.foothill.net [Source type: Original source]

.In Rakas, the Court ruled that a passenger in a car which he does not own has a standing to contest the stop of the car and a search of his person, but he usually lacks standing to contest a search of the car.^ The Supreme Court considered but chose not to adopt a proposed amendment to Rule 41(a) that would have allowed for the issuance of "warrants to search property outside the United States."
  • Duke Law Journal: Corey M. Then, Searches And Seizures Of Americans Abroad:Re-Examining The Fourth Amendment's Warrant Clause And The ForeignIntelligence Exception Five Years After United States V. Bin Laden, 55Duke L.J. 1059 (2006) 16 January 2010 18:11 UTC www.law.duke.edu [Source type: Original source]

^ The Supreme Court has also ruled that a sniff by a drug-detecting dog, which is commonly used at airports, is so minimally intrusive as not to constitute a search.
  • DRUG DOGS IN SCHOOLS, FOURTH AMENDMENT RIGHTS AGAINST SEARCHES &SEIZURES and Unconstitutional Searches Drug Dog Cases - Professor Rex Currydrugdogcases GUN LAWYER DR. REX CURRY : GUN CONTROLS ARE WRONG. Gun Laws- repeal them for public safety. Professor Rex Curry, Libertarian lecturer,debunks firearms restrictions. Photograph http://rexcurry.net/nazi%20salute%209b.jpg 16 January 2010 18:11 UTC members.ij.net [Source type: FILTERED WITH BAYES]

^ The Supreme Court has ruled that the Amendment XIII does not prohibit mandatory military service in the United States.
  • Wikijunior:United States Charters of Freedom/Additional amendments to the United States Constitution - Wikibooks, collection of open-content textbooks 16 January 2010 18:11 UTC en.wikibooks.org [Source type: Original source]

He would have standing to challenge the search of the car, if he is the owner of that car. However, that rule was modified by Brendlin v. .California, 551 U.S. 249 (2007), in which the Court ruled that all occupants of a car are "seized" for purposes of the Fourth Amendment during a traffic stop, not just the driver.^ Also, note that this paper will deliberately not deal with the exclusionary rule or the concept surrounding “fruit of the poisonous tree.” This paper is strictly limited to warrants and the Fourth Amendment.
  • Fourth Amendment | Andrew Ferguson 16 January 2010 18:11 UTC andrewferguson.net [Source type: Original source]

^ California, 453 U.S. 420, 437-38 (1981) (Rehnquist, J., dissenting) ("[T]he so-called 'exclusionary rule' created by this Court imposes a burden out of all proportion to the Fourth Amendment values which it seeks to advance by seriously impeding the efforts of the national, state, and local governments to apprehend and convict those who have violated their laws."
  • Duke Law Journal: Corey M. Then, Searches And Seizures Of Americans Abroad:Re-Examining The Fourth Amendment's Warrant Clause And The ForeignIntelligence Exception Five Years After United States V. Bin Laden, 55Duke L.J. 1059 (2006) 16 January 2010 18:11 UTC www.law.duke.edu [Source type: Original source]

^ The Supreme Court considered but chose not to adopt a proposed amendment to Rule 41(a) that would have allowed for the issuance of "warrants to search property outside the United States."
  • Duke Law Journal: Corey M. Then, Searches And Seizures Of Americans Abroad:Re-Examining The Fourth Amendment's Warrant Clause And The ForeignIntelligence Exception Five Years After United States V. Bin Laden, 55Duke L.J. 1059 (2006) 16 January 2010 18:11 UTC www.law.duke.edu [Source type: Original source]

.Therefore, a passenger in a vehicle subject to a traffic stop is thereby "detained" for purposes of the Fourth Amendment, thus allowing the passenger to contest the legality of the traffic stop.^ The Amendment therefore creates problems without serving any useful purpose.
  • CDL(2008)071 - Draft Opinion on the Draft Amendments to the Constitution of Republika Srpska 16 January 2010 18:11 UTC www.venice.coe.int [Source type: Original source]

^ A police officer can conduct an investigative stop and briefly detain and question a person for investigative purposes when the officer has a reasonable suspicion supported by articulable facts.
  • Al Franken Reads the 4th Amendment to DoJ Official - dslreports.com 16 January 2010 18:11 UTC www.dslreports.com [Source type: Original source]

^ What a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection.

In Segura v. .United States, 468 U.S. 796 (1984), the Supreme court ruled that evidence illegally found without a search warrant is admissible if the evidence is later found and legally seized based on information independent of the illegal search.^ Any search without a warrant is presumed unreasonable.
  • Slashdot | Challenge To US Government Over Seized Laptops 16 January 2010 18:11 UTC slashdot.org [Source type: Original source]

^ I say if it's not legal for me to do it, it's not legal for the government without a warrant.
  • Schneier on Security: Privacy and the Fourth Amendment 16 January 2010 18:11 UTC www.schneier.com [Source type: Original source]

^ Evidence seized during an illegal search must be excluded from court.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 16 January 2010 18:11 UTC tabacco.blog-city.com [Source type: Original source]

In Nix v. .Williams, 467 U.S. 431 (1984), the Supreme Court ruled that evidence illegally seized without a search warrant is admissible if the prosecution can prove the evidence would have been found and seized by legal means not based on evidence or information illegally seized.^ I say if it's not legal for me to do it, it's not legal for the government without a warrant.
  • Schneier on Security: Privacy and the Fourth Amendment 16 January 2010 18:11 UTC www.schneier.com [Source type: Original source]

^ Evidence seized during an illegal search must be excluded from court.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 16 January 2010 18:11 UTC tabacco.blog-city.com [Source type: Original source]

^ Any search without a warrant is presumed unreasonable.
  • Slashdot | Challenge To US Government Over Seized Laptops 16 January 2010 18:11 UTC slashdot.org [Source type: Original source]

Exceptions to the warrant requirement

Courts have developed a number of exceptions to the warrant requirement:

Plain view

.If an officer is lawfully present, he may seize objects that are in "plain view". However, the officer must have had probable cause to believe that the objects are contraband.^ Evidence in plain view may always be seized if the officer’s conduct is otherwise appropriate.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 16 January 2010 18:11 UTC tabacco.blog-city.com [Source type: Original source]

^ Its responsibilities continue to include both the determination whether there is probable cause to believe a crime has been committed and the protection of citizens against unfounded criminal prosecutions.
  • EDITORIAL - www.CUSC.org 16 January 2010 18:11 UTC www.cusc.org [Source type: Original source]
  • The Federal Grand Jury is the 4th Branch of Government 16 January 2010 18:11 UTC macmcdougall.org [Source type: Original source]

^ The present opinion does not address all amendments but only amendments which may be considered problematic from the point of view of European standards.
  • Amendments to the Constitution of Liechtenstein proposedby the Princely House of Liechtenstein 16 January 2010 18:11 UTC assembly.coe.int [Source type: Original source]

[45]

Open fields

.Similarly, "open fields" such as pastures, open water, and woods may be searched without a warrant, on the ground that conduct occurring therein would have no reasonable expectation of privacy.^ Automobiles can be searched without warrants both because of their mobility and a decreased expectation of privacy.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 16 January 2010 18:11 UTC tabacco.blog-city.com [Source type: Original source]

^ It is a search without a warrant, with no probable cause, and without a specific suspect.
  • Schneier on Security: Privacy and the Fourth Amendment 16 January 2010 18:11 UTC www.schneier.com [Source type: Original source]

^ Any search without a warrant is presumed unreasonable.
  • Slashdot | Challenge To US Government Over Seized Laptops 16 January 2010 18:11 UTC slashdot.org [Source type: Original source]

The doctrine was first articulated by the Supreme Court in Hester v. United States, 265 U.S. 57 (1924), which stated that “the special protection accorded by the Fourth Amendment to the people in their ‘persons, houses, papers, and effects,’ is not extended to the open fields." The decision was rendered on the ground that "open fields are not a 'constitutionally protected area' because they cannot be construed as "persons, houses, papers, [or] effects."
In Oliver v. .United States, 466 U.S. 170 (1984), the police ignored a "no trespassing" sign, trespassed onto the suspect's land without a warrant, followed a path several hundred yards, and discovered a field of marijuana.^ The following year, in United States v.
  • Video Surveillance and the Constitution of Public Space: Fitting the Fourth Amendment to a World that Tracks Image and Identity | Surveillance Technology from AllBusiness.com 16 January 2010 18:11 UTC www.allbusiness.com [Source type: Original source]

^ Several of the State constitutions have followed the example.
  • THE UNITED STATES CONSTITUTION 16 January 2010 18:11 UTC people.brandeis.edu [Source type: Original source]

^ After several proposals for reform, the Constitutional Convention met in Philadelphia in 1787 to create the document that became the foundation for the United States government to operate.
  • 5/1 - Your RIGHT to Use Surveillance Cameras! People vs. 4th Amendment 16 January 2010 18:11 UTC www.x10.com [Source type: General]

The Supreme Court ruled that no search had taken place, because there was no privacy expectation regarding an open field:
.
…open fields do not provide the setting for those intimate activities that the Amendment is intended to shelter from government interference or surveillance.^ Reason for Citizen Amendment 2 The United States Government has interfered in the internal affairs of other governments, and has refused to have a dialog with others.
  • Citizen Amendments to the United States Constitution 16 January 2010 18:11 UTC www.citizenamendments.org [Source type: Original source]

^ Those in favor of what is termed fixed due process claim that all the safeguards applied against the federal government should be also applied against the states through the Fourteenth Amendment.
  • Constitution of the United States Facts, information, pictures | Encyclopedia.com articles about Constitution of the United States 16 January 2010 18:11 UTC www.encyclopedia.com [Source type: Original source]

^ This narrower limit on government power restored rights to the people and forced the Government to provide critical evidence to support its claims before it can suppress the rights of the Amendment.
  • Fourth Amendment | Andrew Ferguson 16 January 2010 18:11 UTC andrewferguson.net [Source type: Original source]

.There is no societal interest in protecting the privacy of those activities, such as the cultivation of crops, that occur in open fields.^ There can be no compromise among competing interests.
  • Think Progress » Georgia Republican Senators Propose Amending State Constitution To Block Federal Health Care 16 January 2010 18:11 UTC thinkprogress.org [Source type: Original source]

^ When the US Constitution was being considered for adoption by the individual states, one of the chief arguments against it was that there was no specific protection of the rights of citizens from the government.
  • http://www.bbc.co.uk/dna/h2g2/A33105449 16 January 2010 18:11 UTC www.bbc.co.uk [Source type: Original source]

^ However, having those cameras there started getting me thinking about my privacy - and how thankful I was to not have my churchgoing tracked in the United States.
  • Jake Towne's 4th Amendment Speech Against Lancaster Camera Surveillance 16 January 2010 18:11 UTC www.nolanchart.com [Source type: Original source]

[46]

Curtilage

.While open fields are not protected by the Fourth Amendment, the curtilage, or outdoor area immediately surrounding the home, is protected.^ For the Fourth Amendment protects people, not places.

^ The Fourth Amendment "protects people, not places".
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 16 January 2010 18:11 UTC tabacco.blog-city.com [Source type: Original source]

^ Also, note that this paper will deliberately not deal with the exclusionary rule or the concept surrounding “fruit of the poisonous tree.” This paper is strictly limited to warrants and the Fourth Amendment.
  • Fourth Amendment | Andrew Ferguson 16 January 2010 18:11 UTC andrewferguson.net [Source type: Original source]

.Courts have treated this area as an extension of the house and as such subject to all the privacy protections afforded a person’s home (unlike a person's open fields) under the Fourth Amendment.^ For the Fourth Amendment protects people, not places.

^ The Court wrote, “For the Fourth Amendment protects people, not places.
  • Fourth Amendment | Andrew Ferguson 16 January 2010 18:11 UTC andrewferguson.net [Source type: Original source]

^ What a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection.

.However, courts have held aerial surveillance of curtilage not to be included in the protections from unwarranted search so long as the airspace above the curtilage is generally accessible by the public.^ But what he seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected.” (12) The Court also took time to correct the thinking in the Olmstead case, writing, “[the] Amendment was thought to limit only searches and seizures of tangible property.
  • Fourth Amendment | Andrew Ferguson 16 January 2010 18:11 UTC andrewferguson.net [Source type: Original source]

^ But in a case where the surveilled individual is clearly guilty of a crime, will courts ever be able to find the search that produced the incriminating evidence unreasonable and then award damages?
  • Duke Law Journal: Corey M. Then, Searches And Seizures Of Americans Abroad:Re-Examining The Fourth Amendment's Warrant Clause And The ForeignIntelligence Exception Five Years After United States V. Bin Laden, 55Duke L.J. 1059 (2006) 16 January 2010 18:11 UTC www.law.duke.edu [Source type: Original source]

^ However, there is a general right to public attendance at a trial in reasonable numbers.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 16 January 2010 18:11 UTC tabacco.blog-city.com [Source type: Original source]

.An area is curtilage if it "harbors the intimate activity associated with the sanctity of a man's home and the privacies of life."^ According to many scholars, such intimate activities are precisely what privacy rights exist to protect.
  • Video Surveillance and the Constitution of Public Space: Fitting the Fourth Amendment to a World that Tracks Image and Identity | Surveillance Technology from AllBusiness.com 16 January 2010 18:11 UTC www.allbusiness.com [Source type: Original source]

[47] .Courts make this determination by examining "whether the area is included within an enclosure surrounding the home, the nature of the uses to which the area is put, and the steps taken by the resident to protect the area from observation by people passing by."^ Whether this provision protects the individual's right to own firearms or whether it deals only with the collective right of the people to arm and maintain a militia has long been debated.
  • U.S. Senate: Reference Home > Constitution of the United States 16 January 2010 18:11 UTC www.senate.gov [Source type: Original source]

^ Warin also erred in concluding that Warin`s relationship to the militia was relevant to determining whether his possession of a machine gun was protected by the Second Amendment since the Supreme Court in Miller focused on the firearm itself, not the individual involved.
  • NRA-ILA :: Federal Court Cases Regarding The Second Amendment 16 January 2010 18:11 UTC www.nraila.org [Source type: Original source]

^ For this reason, the Framers required a court order, reflecting an independent judgment by a separate branch of the government, to determine whether probable cause exists.
  • The University of Chicago Law School Faculty Blog: King George's Constitution 16 January 2010 18:11 UTC uchicagolaw.typepad.com [Source type: Original source]

[48] Theoretically, many structures might extend the curtilage protection to the areas immediately surrounding them. .The courts have gone so far as to treat a tent as a home for Fourth Amendment purposes in the past.^ Instead of dealing with the tenuous warrant inquiry, the court could have easily dismissed the defendants' motion for summary judgment on Fourth Amendment reasonableness grounds.
  • Duke Law Journal: Corey M. Then, Searches And Seizures Of Americans Abroad:Re-Examining The Fourth Amendment's Warrant Clause And The ForeignIntelligence Exception Five Years After United States V. Bin Laden, 55Duke L.J. 1059 (2006) 16 January 2010 18:11 UTC www.law.duke.edu [Source type: Original source]

^ Also, the Court is willing to make exceptions to the Fourth Amendment under the special needs doctrine.
  • The University of Chicago Law School Faculty Blog: King George's Constitution 16 January 2010 18:11 UTC uchicagolaw.typepad.com [Source type: Original source]

^ The many exceptions in modern Fourth Amendment jurisprudence suggest that courts have been heavily influenced by policy considerations in making their constitutional pronouncements regarding warrants.
  • Duke Law Journal: Corey M. Then, Searches And Seizures Of Americans Abroad:Re-Examining The Fourth Amendment's Warrant Clause And The ForeignIntelligence Exception Five Years After United States V. Bin Laden, 55Duke L.J. 1059 (2006) 16 January 2010 18:11 UTC www.law.duke.edu [Source type: Original source]

[49][50][51] .It is possible that the area immediately surrounding a tent (or any structure used as a home) might be considered curtilage.^ Thus they believed that the only threat to the right to be secure came from the possibility that too-loose warrants might be used.” (10 p.
  • Fourth Amendment | Andrew Ferguson 16 January 2010 18:11 UTC andrewferguson.net [Source type: Original source]

.Despite this broad interpretation, the courts seem willing to find areas to be outside of the curtilage if they are in any way separate from the home (by a fence, great distance, other structures, even certain plants).^ The proper role of the courts is to adjucate the law, to apply it to cases, not to be able to ‘interpret’ it to mean whatever they would wish it to say, as opposed to what it actually says.
  • Kennedy: Constitution open to interpretation 16 January 2010 18:11 UTC www.prisonplanet.com [Source type: Original source]

^ They were able to enjoy a certain lifestyle even though they werent allowed nationally to enlist in the American Army.
  • 87.03.08: The United States Constitution and Selected Amendments 16 January 2010 18:11 UTC www.yale.edu [Source type: FILTERED WITH BAYES]

^ Maybe I can’t bring myself to look the other way on certain things and not others.
  • Yoo Torture Memo Says Fourth Amendment Doesn’t Apply in War on Terror | Threat Level | Wired.com 16 January 2010 18:11 UTC www.wired.com [Source type: General]

[52]

Exigent circumstance

.There are also "exigent circumstances" exceptions to the warrant requirement.^ There actually isn't a warrant requirement...
  • Daily Kos: Al Franken Schools Justice Dept on The Constitution! 16 January 2010 18:11 UTC www.dailykos.com [Source type: Original source]

^ Nonetheless, myriad exceptions and qualifications puncture the general rule, 10 and the amendment's text does not actually require warrants: .
  • Duke Law Journal: Corey M. Then, Searches And Seizures Of Americans Abroad:Re-Examining The Fourth Amendment's Warrant Clause And The ForeignIntelligence Exception Five Years After United States V. Bin Laden, 55Duke L.J. 1059 (2006) 16 January 2010 18:11 UTC www.law.duke.edu [Source type: Original source]

^ While the exclusionary rule does have its notable defenders in the domestic context, 104 like the warrant requirement, it is not absolute and is pockmarked with [*pg 1078] exceptions.
  • Duke Law Journal: Corey M. Then, Searches And Seizures Of Americans Abroad:Re-Examining The Fourth Amendment's Warrant Clause And The ForeignIntelligence Exception Five Years After United States V. Bin Laden, 55Duke L.J. 1059 (2006) 16 January 2010 18:11 UTC www.law.duke.edu [Source type: Original source]

.Exigent circumstances arise when the law enforcement officers have reasonable grounds to believe that there is an immediate need to protect their lives, the lives of others, their property, or that of others, the search is not motivated by an intent to arrest and seize evidence, and there is some reasonable basis, to associate an emergency with the area or place to be searched.^ Likewise, places to be searched and things to be seized need to be described .
  • Daily Kos: Al Franken Schools Justice Dept on The Constitution! 16 January 2010 18:11 UTC www.dailykos.com [Source type: Original source]

^ But there can be other, nonpartisan motives as well.
  • The Constitution, Designed to Change, Rarely Does - WSJ.com 16 January 2010 18:11 UTC online.wsj.com [Source type: News]

^ And there won't need to be a specific law.
  • Will 'Three Strikes' Come To The United States? - Magic eight ball says: probably, yes. - dslreports.com 16 January 2010 18:11 UTC www.broadbandreports.com [Source type: General]

[53]

Motor vehicle

.The Supreme Court also held that individuals in automobiles have a reduced expectation of privacy, because vehicles generally do not serve as residences or repositories of personal effects.^ Passing luggage by a drug-sniffing dog at the airport NEVER invokes the Fourth Amendment because it is not a search even if there is a reasonable expectation of privacy."
  • Schneier on Security: Privacy and the Fourth Amendment 16 January 2010 18:11 UTC www.schneier.com [Source type: Original source]

^ This is based on stupid supreme court decisions that A. determine that giving money is a form of speech and B. that corporations are a person.
  • We in the US badly need a new amendment to our constitution. We need a separation between corporation and state. : politics 16 January 2010 18:11 UTC www.reddit.com [Source type: Original source]

^ It underscores the degree of mistrust of the Supreme Court held by those framers.
  • U.S. Constitution 14th Amendment - Introduction 16 January 2010 18:11 UTC www.14th-amendment.com [Source type: Original source]

.Vehicles may not be randomly stopped and searched; there must be probable cause or reasonable suspicion of criminal activity.^ Before a search warrant may be issued, there must be a showing of probable … What Is Probable Cause?
  • The 4th Amendment and Search Warrants | The 4th Amendment and Search Warrants Information - LawInfo 16 January 2010 18:11 UTC www.lawinfo.com [Source type: FILTERED WITH BAYES]

^ There’s no particular location, no probable cause, and no search warrant.
  • Irregular Times » fourth amendment 16 January 2010 18:11 UTC irregulartimes.com [Source type: Original source]

^ However, if the police officer wants to search the driver’s car then one of the following four things must happen: (1) the police officer must have consent; (2) the police officer must have probable cause to think that the … more When is a Search Warrant Necessary?
  • The 4th Amendment and Search Warrants | The 4th Amendment and Search Warrants Information - LawInfo 16 January 2010 18:11 UTC www.lawinfo.com [Source type: FILTERED WITH BAYES]

.Items in "plain view" may be seized; areas that could potentially hide weapons may also be searched.^ The 4th Amendment spells out, in very plain language, the exact and only circumstances under which the government may conduct a search of a citizen.
  • Daily Kos: Al Franken Schools Justice Dept on The Constitution! 16 January 2010 18:11 UTC www.dailykos.com [Source type: Original source]

^ Warrantless searches incident to a lawful arrest may be made for weapons and evidence that may be destroyed.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 16 January 2010 18:11 UTC tabacco.blog-city.com [Source type: Original source]

^ Evidence in plain view may always be seized if the officer’s conduct is otherwise appropriate.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 16 January 2010 18:11 UTC tabacco.blog-city.com [Source type: Original source]

.With probable cause, police officers may search any area in the vehicle.^ By the time Summers was searched, police had probable cause to do so.
  • CRS/LII Annotated Constitution Fourth Amendment 16 January 2010 18:11 UTC www4.law.cornell.edu [Source type: Original source]

^ However, if the police officer wants to search the driver’s car then one of the following four things must happen: (1) the police officer must have consent; (2) the police officer must have probable cause to think that the … more When is a Search Warrant Necessary?
  • The 4th Amendment and Search Warrants | The 4th Amendment and Search Warrants Information - LawInfo 16 January 2010 18:11 UTC www.lawinfo.com [Source type: FILTERED WITH BAYES]

^ Searches conducted without warrants have been held unlawful "notwithstanding facts unquestionably showing probable cause," Agnello v.

.However, they may not extend the search to the vehicle's passengers without probable cause to search those passengers or consent from the passenger(s) to search their persons or effects.^ It is a search without a warrant, with no probable cause, and without a specific suspect.
  • Schneier on Security: Privacy and the Fourth Amendment 16 January 2010 18:11 UTC www.schneier.com [Source type: Original source]

^ However, if the police officer wants to search the driver’s car then one of the following four things must happen: (1) the police officer must have consent; (2) the police officer must have probable cause to think that the … more When is a Search Warrant Necessary?
  • The 4th Amendment and Search Warrants | The 4th Amendment and Search Warrants Information - LawInfo 16 January 2010 18:11 UTC www.lawinfo.com [Source type: FILTERED WITH BAYES]

^ "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."
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 16 January 2010 18:11 UTC tabacco.blog-city.com [Source type: Original source]
  • Jake Towne's 4th Amendment Speech Against Lancaster Camera Surveillance 16 January 2010 18:11 UTC www.nolanchart.com [Source type: Original source]

In Arizona v. .Gant, 556 U.S. ___ (2009), the Supreme Court ruled that a law enforcement officer needs a warrant before searching a motor vehicle after an arrest of an occupant of that vehicle, unless at the time of the search the person being arrested is unsecured and within reaching distance of the passenger compartment of the vehicle or police officers have reason to believe that the evidence for the crime the person is being arrested will be found in the vehicle.^ In executing a warrant for a search of premises and of named persons on the premises, police officers may not automatically search someone else found on the premises.
  • CRS/LII Annotated Constitution Fourth Amendment 16 January 2010 18:11 UTC www4.law.cornell.edu [Source type: Original source]

^ A warrant is a document that allows police to search a person, search a person's property, or arrest a person.
  • Al Franken Reads the 4th Amendment to DoJ Official - dslreports.com 16 January 2010 18:11 UTC www.dslreports.com [Source type: Original source]

^ Each time there is a kill, the police officers are always found innocent.
  • 00.03.04: Democracy, Race, and Privacy: The Hypocritical Failures of the United States 16 January 2010 18:11 UTC elsinore.cis.yale.edu [Source type: Original source]

[54]

Searches incident to a lawful arrest

.Another common law rule—that permitting searches incident to an arrest without warrant—has been applied in American law.^ A warrant is not required for all searches and all arrests.
  • Al Franken Reads the 4th Amendment to DoJ Official - dslreports.com 16 January 2010 18:11 UTC www.dslreports.com [Source type: Original source]

^ The Supreme Court considered but chose not to adopt a proposed amendment to Rule 41(a) that would have allowed for the issuance of "warrants to search property outside the United States."
  • Duke Law Journal: Corey M. Then, Searches And Seizures Of Americans Abroad:Re-Examining The Fourth Amendment's Warrant Clause And The ForeignIntelligence Exception Five Years After United States V. Bin Laden, 55Duke L.J. 1059 (2006) 16 January 2010 18:11 UTC www.law.duke.edu [Source type: Original source]

^ Instead, this Note proposes that the Constitution does not require a warrant for searches and seizures of Americans abroad, whether the searches are for foreign intelligence gathering or normal criminal investigations.
  • Duke Law Journal: Corey M. Then, Searches And Seizures Of Americans Abroad:Re-Examining The Fourth Amendment's Warrant Clause And The ForeignIntelligence Exception Five Years After United States V. Bin Laden, 55Duke L.J. 1059 (2006) 16 January 2010 18:11 UTC www.law.duke.edu [Source type: Original source]

.The justification for such a search is to prevent the arrested individual from destroying evidence or using a weapon against the arresting officer.^ Warrantless searches incident to a lawful arrest may be made for weapons and evidence that may be destroyed.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 16 January 2010 18:11 UTC tabacco.blog-city.com [Source type: Original source]

^ Anything that the officer finds can later be used against … more More Frequently Asked Questions » Legal Articles .
  • The 4th Amendment and Search Warrants | The 4th Amendment and Search Warrants Information - LawInfo 16 January 2010 18:11 UTC www.lawinfo.com [Source type: FILTERED WITH BAYES]

^ Applying its intrusiveness test, 164 the Court determined that such a detention, which was “substantially less intrusive” than an arrest, was justified because of the law enforcement interests in minimizing the risk of harm to officers, facilitating entry and conduct of the search, and preventing flight in the event incriminating evidence is found.
  • CRS/LII Annotated Constitution Fourth Amendment 16 January 2010 18:11 UTC www4.law.cornell.edu [Source type: Original source]

In Trupiano v. .United States, 334 U.S. 699 (1948), the Supreme Court held that "a search or seizure without a warrant as an incident to a lawful arrest has always been considered to be a strictly limited right.^ Educational law and legislation-- United States.
  • ASA Library Resources on the U.S. Constitution 16 January 2010 18:11 UTC www.asa.edu [Source type: Academic]

^ Civil rights -- United States.
  • ASA Library Resources on the U.S. Constitution 16 January 2010 18:11 UTC www.asa.edu [Source type: Academic]

^ As the court pointed out in United States v.
  • Daily Kos: Al Franken Schools Justice Dept on The Constitution! 16 January 2010 18:11 UTC www.dailykos.com [Source type: Original source]

It grows out of the inherent necessities of the situation at the time of the arrest. .But there must be something more in the way of necessity than merely a lawful arrest."^ Since that time, the court has ruled that more than 100 federal laws and hundreds of state laws were unconstitutional.
  • The Constitution of the United States of America 16 January 2010 18:11 UTC www.policyalmanac.org [Source type: Original source]

^ The probable cause standard is more important in criminal law than it is in civil law because it is used in criminal law as a basis for searching and arresting persons and depriving them of their liberty.
  • Al Franken Reads the 4th Amendment to DoJ Official - dslreports.com 16 January 2010 18:11 UTC www.dslreports.com [Source type: Original source]

^ If there are more than 6 people on a state court jury, a verdict need not be unanimous - except in death penalty cases.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 16 January 2010 18:11 UTC tabacco.blog-city.com [Source type: Original source]

In United States v. .Rabinowitz, 339 U.S. 56 (1950), the Court reversed its previous ruling, holding that the officers' opportunity to obtain a warrant was not germane to the reasonableness of a search incident to an arrest.^ A warrant is not required for all searches and all arrests.
  • Al Franken Reads the 4th Amendment to DoJ Official - dslreports.com 16 January 2010 18:11 UTC www.dslreports.com [Source type: Original source]

^ The Supreme Court considered but chose not to adopt a proposed amendment to Rule 41(a) that would have allowed for the issuance of "warrants to search property outside the United States."
  • Duke Law Journal: Corey M. Then, Searches And Seizures Of Americans Abroad:Re-Examining The Fourth Amendment's Warrant Clause And The ForeignIntelligence Exception Five Years After United States V. Bin Laden, 55Duke L.J. 1059 (2006) 16 January 2010 18:11 UTC www.law.duke.edu [Source type: Original source]

^ Over the last half century, the Supreme Court has interpreted the Fourth Amendment to require a warrant and probable cause for all searches and seizures, as well as the exclusion from trial of illegally obtained evidence.
  • Duke Law Journal: Corey M. Then, Searches And Seizures Of Americans Abroad:Re-Examining The Fourth Amendment's Warrant Clause And The ForeignIntelligence Exception Five Years After United States V. Bin Laden, 55Duke L.J. 1059 (2006) 16 January 2010 18:11 UTC www.law.duke.edu [Source type: Original source]

.The decision suggested that any area within the "immediate control" of the arrestee could be searched, but it did not define the term.^ While the statute did not authorize a search but instead compulsory production, the Justice concluded that the law was well within the restrictions of the search and seizure clause.
  • CRS/LII Annotated Constitution Fourth Amendment 16 January 2010 18:11 UTC www4.law.cornell.edu [Source type: Original source]

In deciding Chimel v. .California, 395 U.S. 752 (1969), the Supreme Court elucidated its previous decisions.^ Supreme Court decisions are discussed and cited.
  • United States Constitution Research Guide 16 January 2010 18:11 UTC www.lib.jmu.edu [Source type: Academic]

^ This is based on stupid supreme court decisions that A. determine that giving money is a form of speech and B. that corporations are a person.
  • We in the US badly need a new amendment to our constitution. We need a separation between corporation and state. : politics 16 January 2010 18:11 UTC www.reddit.com [Source type: Original source]

^ Thus, the Supreme Court's previous statement that any warrant from an American magistrate "would be a dead letter outside the United States" still holds true.
  • Duke Law Journal: Corey M. Then, Searches And Seizures Of Americans Abroad:Re-Examining The Fourth Amendment's Warrant Clause And The ForeignIntelligence Exception Five Years After United States V. Bin Laden, 55Duke L.J. 1059 (2006) 16 January 2010 18:11 UTC www.law.duke.edu [Source type: Original source]

.It held that when an arrest is made, it is reasonable for the officer to search the arrestee for weapons and evidence.^ Warrantless searches incident to a lawful arrest may be made for weapons and evidence that may be destroyed.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 16 January 2010 18:11 UTC tabacco.blog-city.com [Source type: Original source]

^ Ker was an arrest warrant case, but no reason appears for differentiating search warrants.
  • CRS/LII Annotated Constitution Fourth Amendment 16 January 2010 18:11 UTC www4.law.cornell.edu [Source type: Original source]

^ Also, under some circumstances officers may search premises on the mistaken but reasonable belief that the premises are described in an otherwise valid warrant.
  • CRS/LII Annotated Constitution Fourth Amendment 16 January 2010 18:11 UTC www4.law.cornell.edu [Source type: Original source]

.Similarly, it was held that it's reasonable for the officer to search the area within the arrestee's immediate control, that is, the area from which the defendant may gain access to a weapon or evidence.^ An order of court requiring a person to produce an invoice of goods for the inspection of government officers and to be offered in evidence against him was held an unconstitutional exercise of authority."
  • The Constitution For The United States, Its Sources and Its Applications - Amendment Articles I - X 16 January 2010 18:11 UTC www.barefootsworld.net [Source type: Original source]

^ Thus, the search may be "reasonable" under the Fourth Amendment as long as it is very narrowly tailored.
  • The University of Chicago Law School Faculty Blog: King George's Constitution 16 January 2010 18:11 UTC uchicagolaw.typepad.com [Source type: Original source]

^ However, if the officer notices that the driver's eyes are bloodshot or that the driver smells of alcohol, the officer may detain and question the defendant, search him, and place him under arrest.
  • Al Franken Reads the 4th Amendment to DoJ Official - dslreports.com 16 January 2010 18:11 UTC www.dslreports.com [Source type: Original source]

.A search of the room in which the arrest is made is therefore permissible, but the same is not true of a search of other rooms, as the arrestee would not probably be able to access weapons or evidence in those rooms at the time of arrest.^ Warrantless searches incident to a lawful arrest may be made for weapons and evidence that may be destroyed.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 16 January 2010 18:11 UTC tabacco.blog-city.com [Source type: Original source]

^ Around the same time that the Declaration of Independence was adopted, Virginia was already moving to ensure that unencumbered search and seizure powers would never be brought forth again.
  • Fourth Amendment | Andrew Ferguson 16 January 2010 18:11 UTC andrewferguson.net [Source type: Original source]

^ Then they go have a look-see, and come back and provide their evidence for probable cause based on what they found, at a later time.
  • Daily Kos: Al Franken Schools Justice Dept on The Constitution! 16 January 2010 18:11 UTC www.dailykos.com [Source type: Original source]

Border search exception

.Searches conducted at the United States border or the equivalent of the border (such as an international airport) may be conducted without a warrant or probable cause subject to the "border-search" exception.^ By inference, a search will not be "reasonable" without a warrant, EVEN IF the police do have "probable cause."
  • Daily Kos: Al Franken Schools Justice Dept on The Constitution! 16 January 2010 18:11 UTC www.dailykos.com [Source type: Original source]

^ United States and subject to the jurisdiction thereof."
  • The Constitution For The United States, Its Sources and Its Applications - Amendment Articles XI - XXVII 16 January 2010 18:11 UTC www.barefootsworld.net [Source type: Original source]

^ Probable cause is required, related to particular items for search and seizure – without exception.
  • Irregular Times » fourth amendment 16 January 2010 18:11 UTC irregulartimes.com [Source type: Original source]

[55] .Most border searches may be conducted entirely at random, without any level of suspicion, pursuant to U.S. Customs and Border Protection plenary search authority.^ My argument was to answer the question: does the state ever have the authority to search your premises without specifically identifying you?
  • Al Franken Reads the 4th Amendment to DoJ Official - dslreports.com 16 January 2010 18:11 UTC www.dslreports.com [Source type: Original source]

^ If you voluntarily consent to a search of your home, automobile, or person, than the officer can conduct a full search without a warrant.
  • The 4th Amendment and Search Warrants | The 4th Amendment and Search Warrants Information - LawInfo 16 January 2010 18:11 UTC www.lawinfo.com [Source type: FILTERED WITH BAYES]

^ It simply requires that in most circumstances the authorities obtain a search warrant from a judge by showing the need for it.
  • U.S. GOVERNMENT > Introduction to the U.S. System > About America: The Constitution of the United States of America with Explanatory Notes 16 January 2010 18:11 UTC infousa.state.gov [Source type: Original source]
  • Amendments to the U.S. Constitution, Annotated 16 January 2010 18:11 UTC www.america.gov [Source type: Original source]
  • THE CONSTITUTION OF THE UNITED STATES OF AMERICA With Explanatory Notes 16 January 2010 18:11 UTC www.4uth.gov.ua [Source type: Original source]

.However, searches that intrude upon a traveler's personal dignity and privacy interests, such as strip and body cavity searches, must be supported by "reasonable suspicion."^ Searches must be "reasonable" wherever a reasonable expectation of privacy exists.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 16 January 2010 18:11 UTC tabacco.blog-city.com [Source type: Original source]

^ 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.” .
  • Daily Kos: Al Franken Schools Justice Dept on The Constitution! 16 January 2010 18:11 UTC www.dailykos.com [Source type: Original source]

^ Passing luggage by a drug-sniffing dog at the airport NEVER invokes the Fourth Amendment because it is not a search even if there is a reasonable expectation of privacy."
  • Schneier on Security: Privacy and the Fourth Amendment 16 January 2010 18:11 UTC www.schneier.com [Source type: Original source]

[56] .The U.S. Courts of Appeals for the Fourth and Ninth circuits have ruled that information on a traveler's electronic materials, including personal files on a laptop computer, may be searched at random, without suspicion.^ "A person traveling in an automobile on public thoroughfares," said the Court, "has no reasonable expectation of privacy in his movements"191 and can raise no Fourth Amendment objection when police electronically follow or retrace those movements even without a good basis fordoing so.192 .
  • Video Surveillance and the Constitution of Public Space: Fitting the Fourth Amendment to a World that Tracks Image and Identity | Surveillance Technology from AllBusiness.com 16 January 2010 18:11 UTC www.allbusiness.com [Source type: Original source]

^ United States (court ruled in Mayfield's favor stating that PA violated the 4th Amendment), is under appeal (actually I can't find whether the case has been decided on appeal or not).
  • Al Franken Reads the 4th Amendment to DoJ Official - dslreports.com 16 January 2010 18:11 UTC www.dslreports.com [Source type: Original source]

^ "The Fourth Amendment ordinarily prohibits any search, which includes interception of telephone and email messages, without probable cause and a judicial warrant.
  • The University of Chicago Law School Faculty Blog: King George's Constitution 16 January 2010 18:11 UTC uchicagolaw.typepad.com [Source type: Original source]

[57]

Other exceptions

In New Jersey v. .T. L. O., 469 U.S. 325 (1985), the Supreme Court ruled that searches in public schools do not require warrants, as long as the searching officers have reasonable grounds for believing that the search will result in the finding of evidence of illegal activity.^ Evidence seized during an illegal search must be excluded from court.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 16 January 2010 18:11 UTC tabacco.blog-city.com [Source type: Original source]

^ A warrant is not required for all searches and all arrests.
  • Al Franken Reads the 4th Amendment to DoJ Official - dslreports.com 16 January 2010 18:11 UTC www.dslreports.com [Source type: Original source]

^ Summers, 163 the Court held that officers arriving to execute a warrant for the search of a house could detain, without being required to articulate any reasonable basis and necessarily therefore without probable cause, the owner or occupant of the house, whom they encountered on the front porch [p.1228] leaving the premises.
  • CRS/LII Annotated Constitution Fourth Amendment 16 January 2010 18:11 UTC www4.law.cornell.edu [Source type: Original source]

However, in Safford Unified School District v. .Redding, 557 U.S. __ (2009), the Court ruled that school officials violated the Fourth Amendment when they strip searched a 13 year old girl based only on a student claiming to have received drugs from that student.^ Fourth Amendment is violated by a general search [of one's home]."
  • Duke Law Journal: Corey M. Then, Searches And Seizures Of Americans Abroad:Re-Examining The Fourth Amendment's Warrant Clause And The ForeignIntelligence Exception Five Years After United States V. Bin Laden, 55Duke L.J. 1059 (2006) 16 January 2010 18:11 UTC www.law.duke.edu [Source type: Original source]

^ He was the sole dissenting voice in a ruling yesterday concerning a school administration’s strip search of 13 year-old girl .
  • Irregular Times » fourth amendment 16 January 2010 18:11 UTC irregulartimes.com [Source type: Original source]

^ This clearly violates the Fourth Amendment.
  • Daily Kos: Al Franken Schools Justice Dept on The Constitution! 16 January 2010 18:11 UTC www.dailykos.com [Source type: Original source]

[58][59]
Similarly, in Samson v. .California, 547 U.S. 843 (2006), the Court ruled that government offices may be searched for evidence of work-related misconduct by government employees on similar grounds.^ Ratified in 1795, it reverses a U.S. Supreme Court ruling that limited sovereign immunity to the federal government.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 16 January 2010 18:11 UTC tabacco.blog-city.com [Source type: Original source]

^ Lycos - Government: U.S. Government: Congress Related browse section in Lycos search engine.
  • Web Guide to The Constitution of the United States 16 January 2010 18:11 UTC tcnbp.tripod.com [Source type: Original source]

^ And while under the clause respecting the post office the Government has almost absolute power and may exclude objectionable matter from the mails, it may not, in disregard of the Fourth Amendment, search or seize letters to find whether the sender has committed a crime.
  • The Constitution For The United States, Its Sources and Its Applications - Amendment Articles I - X 16 January 2010 18:11 UTC www.barefootsworld.net [Source type: Original source]

.Searches of prison cells are subject to no restraints relating to reasonableness or probable cause or searches undertaken as a condition of parole.^ It is a search without a warrant, with no probable cause, and without a specific suspect.
  • Schneier on Security: Privacy and the Fourth Amendment 16 January 2010 18:11 UTC www.schneier.com [Source type: Original source]

^ There’s no particular location, no probable cause, and no search warrant.
  • Irregular Times » fourth amendment 16 January 2010 18:11 UTC irregulartimes.com [Source type: Original source]

^ There is no requirement to have probable cause as you even define it, if they say they're looking for a terrorist to a special secret court.
  • Daily Kos: Al Franken Schools Justice Dept on The Constitution! 16 January 2010 18:11 UTC www.dailykos.com [Source type: Original source]

.Finally, a search is reasonable if the target without coercion consents to the search, even if the target is unaware and not told about their right to refuse to cooperate.^ Passing luggage by a drug-sniffing dog at the airport NEVER invokes the Fourth Amendment because it is not a search even if there is a reasonable expectation of privacy."
  • Schneier on Security: Privacy and the Fourth Amendment 16 January 2010 18:11 UTC www.schneier.com [Source type: Original source]

^ Passing luggage by a drug-sniffing dog at the airport NEVER invokes the Fourth Amendment because it is not a search even if there is a reasonable expectation of privacy.
  • Schneier on Security: Privacy and the Fourth Amendment 16 January 2010 18:11 UTC www.schneier.com [Source type: Original source]

^ Congressional investigations have led to a great many court decisions concerning the right of a witness before a Congressional committee to refuse to testify even when granted immunity from prosecution.
  • Constitution of the United States Facts, information, pictures | Encyclopedia.com articles about Constitution of the United States 16 January 2010 18:11 UTC www.encyclopedia.com [Source type: Original source]

.In a memo dated March 14, 2003, an official in the Bush administration stated "...^ Ratification was completed on July 1, 1971, when action by the legislature of the 38th State, North Carolina, was concluded, and the Administrator of the General Services Administration officially certified it to have been duly ratified on July 5, 1971.
  • FindLaw: U.S. Constitution: Amendments 16 January 2010 18:11 UTC caselaw.lp.findlaw.com [Source type: Original source]
  • How Many Amendments Are There to the Constitution 16 January 2010 18:11 UTC www.docstoc.com [Source type: Original source]

^ On March 1, 1951, Jess Larson, Administrator of General Services, certified that it had been adopted by the requisite number of States.
  • FindLaw: U.S. Constitution: Amendments 16 January 2010 18:11 UTC caselaw.lp.findlaw.com [Source type: Original source]
  • How Many Amendments Are There to the Constitution 16 January 2010 18:11 UTC www.docstoc.com [Source type: Original source]

^ March 3 Congress contracts an official collection of federal laws, this time with Little & Brown of Boston, called "The United States Statutes at Large".
  • Historical Chronology - The Original Thirteenth Article of Amendment To The Constitution For The United States | Love for Life 16 January 2010 18:11 UTC loveforlife.com.au [Source type: Original source]

our .Office recently concluded that the Fourth Amendment had no application to domestic military operations". The administration believed that any search or surveillance conducted by the National Security Agency of US citizens communicating with foreign nationals abroad was immune to a Fourth Amendment challenge.^ Citizen Amendment 14 Government Agencies .
  • Citizen Amendments to the United States Constitution 16 January 2010 18:11 UTC www.citizenamendments.org [Source type: Original source]

^ Recently, the United States Justice Department rescinded its belief that “the Fourth Amendment had no application to domestic military operations.” (16 p.
  • Fourth Amendment | Andrew Ferguson 16 January 2010 18:11 UTC andrewferguson.net [Source type: Original source]

^ Tags: austin , bill of rights , cameras , congress , earmarks , fourth amendment , lamar smith , law , national applications office , panopticon , pedestrians , police , posse comitatus , privacy , satellite , search , spying , texas Posted in Legislation , Liberty .
  • Irregular Times » fourth amendment 16 January 2010 18:11 UTC irregulartimes.com [Source type: Original source]

[60] .To protect the telecommunication carriers cooperating with the US government from legal action, the Congress passed a bill updating the Foreign Intelligence Surveillance Act of 1978 to permit this type of surveillance.^ Huffpost - stumble reddit del.ico.us Read More: Fisa , Fourth Amendment , Politics News Share Print Comments Early next week the U.S. Senate will vote on an extension of the Foreign Intelligence Surveillance Act, with a few small amendments intended to immunize telecommunications corporations that assisted our government in the warrantless and illegal wiretapping it has grown to love.
  • Joe Galloway: How Dare They Rip The Fourth Amendment? 16 January 2010 18:11 UTC www.huffingtonpost.com [Source type: General]

^ S. 1927, the Protect America Act was passed by both houses of Congress in 2007 to replace judicial warrants with executive prerogative and substitute blank checks for reasons.
  • United States Senate Oath of Office Index for the 110th Congress: To Support and Defend the Constitution 16 January 2010 18:11 UTC progressivepatriots.com [Source type: General]

^ Two bills have been introduced this year that would force the White House to cooperate with efforts by Congress to gain oversight of the growing network of government databases used to spy on Americans.
  • United States Senate Oath of Office Index for the 110th Congress: To Support and Defend the Constitution 16 January 2010 18:11 UTC progressivepatriots.com [Source type: General]

[61]
.In August 2008, the Foreign Intelligence Surveillance Court of Review ruled that the President and the Congress had the authority to wiretap international phone calls and intercept e-mail messages without a specific court order.^ CERTAIN ACQUISITIONS INSIDE THE UNITED STATES TARGETING UNITED STATES PERSONS OUTSIDE THE UNITED STATES. ``(a) Jurisdiction of the Foreign Intelligence Surveillance Court.-- ``(1) In general.-- The Foreign Intelligence Surveillance Court shall have jurisdiction to review an application and to enter an order approving the targeting of a United States person reasonably believed to be located outside the United States to acquire foreign intelligence information, if the acquisition constitutes electronic surveillance or the acquisition of stored electronic communications or stored electronic data that requires an order under this Act, and such acquisition is conducted within the United States.
  • Joe Galloway: How Dare They Rip The Fourth Amendment? 16 January 2010 18:11 UTC www.huffingtonpost.com [Source type: General]

^ He played a leading role in the Constitutional Convention of 1787, where he helped design the checks and balances that operate among Congress, the president, and the Supreme Court.
  • Constitution of the United States 16 January 2010 18:11 UTC www.justfacts.com [Source type: Original source]

^ If we assume that Congress had authorized it, then the case for the wiretap becomes even stronger, since the President actually had the authority to act as Commander-in-Chief.
  • The University of Chicago Law School Faculty Blog: King George's Constitution 16 January 2010 18:11 UTC uchicagolaw.typepad.com [Source type: Original source]

[62]

Computers and privacy

.Over the last decade, courts adjudicated whether the government can access evidence of illegal activity stored on digital technology without violating the Fourth Amendment.^ This clearly violates the Fourth Amendment.
  • Daily Kos: Al Franken Schools Justice Dept on The Constitution! 16 January 2010 18:11 UTC www.dailykos.com [Source type: Original source]

^ But in the decades since Katz, difficult questions have arisen, both about whether detection technologies are generally "searches" under the Fourth Amendment and about how much weight courts can continue to place on the distinction between "see through" technologies, which presumably upset reasonable expectations of privacy, and mere "enhancements" of visual observation, which presumably do not.
  • Video Surveillance and the Constitution of Public Space: Fitting the Fourth Amendment to a World that Tracks Image and Identity | Surveillance Technology from AllBusiness.com 16 January 2010 18:11 UTC www.allbusiness.com [Source type: Original source]

^ The Fourth Amendment, which reads, “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,” creates clear limits to the activities of the government, whether security is at stake or not.
  • Irregular Times » fourth amendment 16 January 2010 18:11 UTC irregulartimes.com [Source type: Original source]

.Many cases discuss whether incriminating evidence stored by an employee in workplace computers is protected under the reasonable expectation of privacy.^ All of these cases speak to the non-adherence of fundamental privacy rights for Blacks that are pontificated under the Constitutions 1st and 4th Amendments.
  • 00.03.04: Democracy, Race, and Privacy: The Hypocritical Failures of the United States 16 January 2010 18:11 UTC elsinore.cis.yale.edu [Source type: Original source]

^ But in a case where the surveilled individual is clearly guilty of a crime, will courts ever be able to find the search that produced the incriminating evidence unreasonable and then award damages?
  • Duke Law Journal: Corey M. Then, Searches And Seizures Of Americans Abroad:Re-Examining The Fourth Amendment's Warrant Clause And The ForeignIntelligence Exception Five Years After United States V. Bin Laden, 55Duke L.J. 1059 (2006) 16 January 2010 18:11 UTC www.law.duke.edu [Source type: Original source]

^ Passing luggage by a drug-sniffing dog at the airport NEVER invokes the Fourth Amendment because it is not a search even if there is a reasonable expectation of privacy."
  • Schneier on Security: Privacy and the Fourth Amendment 16 January 2010 18:11 UTC www.schneier.com [Source type: Original source]

.In a majority of cases, employees do not have a reasonable expectation of privacy for electronic communications at work.^ Passing luggage by a drug-sniffing dog at the airport NEVER invokes the Fourth Amendment because it is not a search even if there is a reasonable expectation of privacy."
  • Schneier on Security: Privacy and the Fourth Amendment 16 January 2010 18:11 UTC www.schneier.com [Source type: Original source]

^ Bruce, I think you got the law wrong when you talked about Katz and "reasonable expectation of privacy" (REP).
  • Schneier on Security: Privacy and the Fourth Amendment 16 January 2010 18:11 UTC www.schneier.com [Source type: Original source]

^ Passing luggage by a drug-sniffing dog at the airport NEVER invokes the Fourth Amendment because it is not a search even if there is a reasonable expectation of privacy.
  • Schneier on Security: Privacy and the Fourth Amendment 16 January 2010 18:11 UTC www.schneier.com [Source type: Original source]

[63] .However, one federal court held that employees can assert the attorney-client privilege with respect to certain communications on company laptops.^ However, individuals can still bring actions against state authorities in federal court to prevent these authorities from depriving them of their Constitutional rights.
  • U.S. GOVERNMENT > Introduction to the U.S. System > About America: The Constitution of the United States of America with Explanatory Notes 16 January 2010 18:11 UTC infousa.state.gov [Source type: Original source]
  • Amendments to the U.S. Constitution, Annotated 16 January 2010 18:11 UTC www.america.gov [Source type: Original source]

^ "[After] the Fourteenth Amendment was ratified, the Court held that certain fundamental rights in the Bill of Rights were "incorporated," or included, in the amendment's due process clause.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 16 January 2010 18:11 UTC tabacco.blog-city.com [Source type: Original source]

^ Citizen Amendment 16 Double Jeopardy A person or company that has been tried for a crime in a Federal or State Court cannot be tried in any other court for that same crime.
  • Citizen Amendments to the United States Constitution 16 January 2010 18:11 UTC www.citizenamendments.org [Source type: Original source]

[64]
.On January 30, 2007, the United States Court of Appeals for the Ninth Circuit in United States v.^ The Supreme Court considered but chose not to adopt a proposed amendment to Rule 41(a) that would have allowed for the issuance of "warrants to search property outside the United States."
  • Duke Law Journal: Corey M. Then, Searches And Seizures Of Americans Abroad:Re-Examining The Fourth Amendment's Warrant Clause And The ForeignIntelligence Exception Five Years After United States V. Bin Laden, 55Duke L.J. 1059 (2006) 16 January 2010 18:11 UTC www.law.duke.edu [Source type: Original source]

^ Justice Sandra Day O'Conner, the first woman on the Supreme Court of the United States of America.
  • Daily Kos: Al Franken Schools Justice Dept on The Constitution! 16 January 2010 18:11 UTC www.dailykos.com [Source type: Original source]

^ THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT KRISTOPHER SELLERS, by his parents, Allen and Sherri Sellers; SHERRI SELLERS; ALLEN SELLERS, Plaintiffs-Appellants, v.
  • Wrightslaw - The United States Court of Appeals for the Fourth Circuit. 16 January 2010 18:11 UTC www.wrightslaw.com [Source type: Original source]

.Ziegler
reversed its earlier August 2006 decision upon a petition for rehearing.^ The courts have validate other acts that were later questioned and found to be unconstitutional and the Supreme Court has reversed the earlier decisions of itself and many other court rulings.
  • Al Franken Reads the 4th Amendment to DoJ Official - dslreports.com 16 January 2010 18:11 UTC www.dslreports.com [Source type: Original source]

.In contrast to the earlier decision, the Court acknowledged that an employee has a right to privacy in his workplace computer.^ It followed an earlier decision of the Supreme Court that had likewise found appropriate relief could include tuition reimbursement.
  • Wrightslaw - The United States Court of Appeals for the Fourth Circuit. 16 January 2010 18:11 UTC www.wrightslaw.com [Source type: Original source]

^ The courts have validate other acts that were later questioned and found to be unconstitutional and the Supreme Court has reversed the earlier decisions of itself and many other court rulings.
  • Al Franken Reads the 4th Amendment to DoJ Official - dslreports.com 16 January 2010 18:11 UTC www.dslreports.com [Source type: Original source]

^ Unenumerated rights recognized by the Supreme Court include the right to travel, the right to vote, and the right of privacy.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 16 January 2010 18:11 UTC tabacco.blog-city.com [Source type: Original source]

.The court also found that an employer can consent to searches and seizures that would otherwise be illegal.^ The Supreme Court considered but chose not to adopt a proposed amendment to Rule 41(a) that would have allowed for the issuance of "warrants to search property outside the United States."
  • Duke Law Journal: Corey M. Then, Searches And Seizures Of Americans Abroad:Re-Examining The Fourth Amendment's Warrant Clause And The ForeignIntelligence Exception Five Years After United States V. Bin Laden, 55Duke L.J. 1059 (2006) 16 January 2010 18:11 UTC www.law.duke.edu [Source type: Original source]

^ Today we have racial profiling, redlining, illegal search and seizures, and shooting deaths that have segued into the year 2000.
  • 00.03.04: Democracy, Race, and Privacy: The Hypocritical Failures of the United States 16 January 2010 18:11 UTC elsinore.cis.yale.edu [Source type: Original source]

^ It is not clear that the zoom capacities of emerging video surveillance would be free of Fourth Amendment limitations, even under the Court's current search and seizure jurisprudence.
  • Video Surveillance and the Constitution of Public Space: Fitting the Fourth Amendment to a World that Tracks Image and Identity | Surveillance Technology from AllBusiness.com 16 January 2010 18:11 UTC www.allbusiness.com [Source type: Original source]

[65]
In Ziegler, an employee had viewed at work websites of child pornography. .His employer noticed the conduct, made copies of the hard drive, and gave the FBI the employee's computer.^ Between the various computer-infecting malware, and world governments increasingly demanding to see laptop data at borders, hard drives are barely private.
  • Schneier on Security: Privacy and the Fourth Amendment 16 January 2010 18:11 UTC www.schneier.com [Source type: Original source]

.At his criminal trial, Ziegler filed a motion to suppress the evidence on the ground that the government violated the Fourth Amendment rights.^ The Supreme Court has held that evidence obtained in violation of the Fourth Amendment may not be admitted in evidence in a criminal trial.
  • Amendments to the U.S. Constitution, Annotated 16 January 2010 18:11 UTC www.america.gov [Source type: Original source]

^ This clearly violates the Fourth Amendment.
  • Daily Kos: Al Franken Schools Justice Dept on The Constitution! 16 January 2010 18:11 UTC www.dailykos.com [Source type: Original source]

^ All of the above articles helped to strip enslaved Africans of their first and fourth Amendment rights, assuring that none would bask in the safety of protected privacy.
  • 00.03.04: Democracy, Race, and Privacy: The Hypocritical Failures of the United States 16 January 2010 18:11 UTC elsinore.cis.yale.edu [Source type: Original source]

.The Ninth Circuit allowed the lower court to admit the evidence.^ The Supreme Court has held that evidence obtained in violation of the Fourth Amendment may not be admitted in evidence in a criminal trial.
  • Amendments to the U.S. Constitution, Annotated 16 January 2010 18:11 UTC www.america.gov [Source type: Original source]

^ In this circuit opinion, future Supreme Court Justice Joseph Story remarked that [T]he right of using evidence does not depend .
  • Duke Law Journal: Corey M. Then, Searches And Seizures Of Americans Abroad:Re-Examining The Fourth Amendment's Warrant Clause And The ForeignIntelligence Exception Five Years After United States V. Bin Laden, 55Duke L.J. 1059 (2006) 16 January 2010 18:11 UTC www.law.duke.edu [Source type: Original source]

^ Otherwise, innocent persons may be punished if a court allows the testimony of unknown witnesses to be used as evidence.
  • Amendments to the U.S. Constitution, Annotated 16 January 2010 18:11 UTC www.america.gov [Source type: Original source]

.After reviewing the relevant Supreme Court opinions on a reasonable expectation of privacy, the court acknowledged that Ziegler had a reasonable expectation of privacy at his office and on his computer.^ Passing luggage by a drug-sniffing dog at the airport NEVER invokes the Fourth Amendment because it is not a search even if there is a reasonable expectation of privacy."
  • Schneier on Security: Privacy and the Fourth Amendment 16 January 2010 18:11 UTC www.schneier.com [Source type: Original source]

^ Bruce, I think you got the law wrong when you talked about Katz and "reasonable expectation of privacy" (REP).
  • Schneier on Security: Privacy and the Fourth Amendment 16 January 2010 18:11 UTC www.schneier.com [Source type: Original source]

^ To be sure, Katz's "reasonable expectation of privacy" test has not been without value in protecting privacy in the face of previous technologically-driven transformations of our environment.
  • Video Surveillance and the Constitution of Public Space: Fitting the Fourth Amendment to a World that Tracks Image and Identity | Surveillance Technology from AllBusiness.com 16 January 2010 18:11 UTC www.allbusiness.com [Source type: Original source]

.However, the court found that the employer could consent to a government search of the computer without infringing on the Ziegler's Fourth Amendment rights.^ Abstract: The Fourth Amendment is designed to protect the people of the United States “against unreasonable searches and seizures.”(1) However, the degree of that protection is a careful balance of the people’s right and the Government’s protection, especially when national security is involved.
  • Fourth Amendment | Andrew Ferguson 16 January 2010 18:11 UTC andrewferguson.net [Source type: Original source]

^ Introduction The Fourth Amendment is designed to protect the people of the United States “against unreasonable searches and seizures.” (1) However, the degree of that protection is a careful balance of the people’s right and the Government’s protection.
  • Fourth Amendment | Andrew Ferguson 16 January 2010 18:11 UTC andrewferguson.net [Source type: Original source]

^ However, individuals can still bring actions against state authorities in federal court to prevent these authorities from depriving them of their Constitutional rights.
  • Amendments to the U.S. Constitution, Annotated 16 January 2010 18:11 UTC www.america.gov [Source type: Original source]

.On March 11, 2010, the United States Court of Appeals for the Eleventh Circuit ruled, in Rehberg v.^ As the court pointed out in United States v.
  • Daily Kos: Al Franken Schools Justice Dept on The Constitution! 16 January 2010 18:11 UTC www.dailykos.com [Source type: Original source]

^ This rule has been applied to state courts since the 1961 decision in Mapp v.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 16 January 2010 18:11 UTC tabacco.blog-city.com [Source type: Original source]

^ "The reservation to the States respectively," says the Supreme Court, "can only mean the reservation of the Sovereignty which they respectively possessed before the adoption of the Constitution of the United States and which they had not parted from by that instrument.
  • The Constitution For The United States, Its Sources and Its Applications - Amendment Articles I - X 16 January 2010 18:11 UTC www.barefootsworld.net [Source type: Original source]

.Paulk
, that a person does not have a reasonable expectation of privacy in an e-mail once any copy of the communication is delivered to a third party.^ The Amendment applied whenever a person had "a reasonable expectation of privacy".
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 16 January 2010 18:11 UTC tabacco.blog-city.com [Source type: Original source]

^ The major development from Katz was the implementation of the “ Katz test – whether the individual has an expectation of privacy that society is prepared to recognize as reasonable.” (13) .
  • Fourth Amendment | Andrew Ferguson 16 January 2010 18:11 UTC andrewferguson.net [Source type: Original source]

^ Passing luggage by a drug-sniffing dog at the airport NEVER invokes the Fourth Amendment because it is not a search even if there is a reasonable expectation of privacy."
  • Schneier on Security: Privacy and the Fourth Amendment 16 January 2010 18:11 UTC www.schneier.com [Source type: Original source]

[66]

Important cases

Exclusionary Rule

Privacy

Informants

Search Warrants

Arrest and Search of a Person Without a Warrant

Search of and Seizure from a Residence Without a Warrant

  • Chimel v. California (1969)
  • Vale v. Louisiana (1970)
  • Payton v. .New York (1980)
  • Steagald v.^ New York, 445 U.S. 573, 607-08 (1980) (White, J., dissenting, joined by Burger, C.J., and Rehnquist, J.).
    • Duke Law Journal: Corey M. Then, Searches And Seizures Of Americans Abroad:Re-Examining The Fourth Amendment's Warrant Clause And The ForeignIntelligence Exception Five Years After United States V. Bin Laden, 55Duke L.J. 1059 (2006) 16 January 2010 18:11 UTC www.law.duke.edu [Source type: Original source]

    ^ New York, 445 U.S. 573 (1980) .
    • CRS/LII Annotated Constitution Fourth Amendment 16 January 2010 18:11 UTC www4.law.cornell.edu [Source type: Original source]

    .United States
    (1981)
  • Illinois v.^ Illinois and the thirteenth amendment to the Constitution of the United States [electronic resource] : a paper read before the Chicago Historical Society ...

    ^ United States, 451 U.S. 204 (1981) .
    • CRS/LII Annotated Constitution Fourth Amendment 16 January 2010 18:11 UTC www4.law.cornell.edu [Source type: Original source]

    ^ Illinois, 444 U.S. 85 (1979) (patron in a bar), relying on and reaffirming United States v.
    • CRS/LII Annotated Constitution Fourth Amendment 16 January 2010 18:11 UTC www4.law.cornell.edu [Source type: Original source]

    McArthur
    (2001)

Search and Seizure of Vehicles and Containers Without a Warrant

Plain-view & Plain-feel

Stop and Frisk

Border Searches

  • United States v. .Thirty-Seven Photographs (1971)
  • United States v.^ No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen.
    • FCIC: Constitution of the United States and the Declaration of Independence 16 January 2010 18:11 UTC www.pueblo.gsa.gov [Source type: Original source]

    ^ As States they have ratified one amendment, which required the vote of twenty seven States of the thirty six then composing the Union.
    • Legality of the 14th Amendment (Congressional Record) 16 January 2010 18:11 UTC www.civil-liberties.com [Source type: Original source]

    ^ The thirteenth amendment to the Constitution of the United States was proposed to the legislatures of the several States by the Thirty-eighth Congress, on the 31st day of January, 1865, and was declared, in a proclamation of the Secretary of State, dated the 18th of December, 1865, to have been ratified by the legislatures of twenty-seven of the thirty-six States.
    • THE UNITED STATES CONSTITUTION 16 January 2010 18:11 UTC www.sheldensays.com [Source type: Original source]
    • THE UNITED STATES CONSTITUTION 16 January 2010 18:11 UTC people.brandeis.edu [Source type: Original source]

    Ramsey
    (1977)
  • United States v. Montoya de Hernandez (1985)
  • United States v. Flores-Montano (2004)

Deportation

  • INS v. Delgado (1984)
  • INS v. Lopez-Mendoza (1984)

See also

References

  1. ^ Coke's Rep. 91a, 77 Eng. Rep. 194 (K.B. 1604)
  2. ^ a b c d *Kilman, Johnny and George Costello (Eds) (2006). ."The Constitution of the United States of America: Analysis and Interpretation".^ The Constitution of the United States - The Petition Site browse my petitionsite create petition help .
    • The Constitution of the United States - The Petition Site 16 January 2010 18:11 UTC www.thepetitionsite.com [Source type: Original source]

    ^ Constitution - Amendments United States.
    • United States Constitution Research Guide 16 January 2010 18:11 UTC www.lib.jmu.edu [Source type: Academic]

    ^ The executive Power shall be vested in a President of the United States of America .
    • The United States Constitution 16 January 2010 18:11 UTC www.consource.org [Source type: Original source]

    GPO. http://www.gpoaccess.gov/constitution/browse.html.
      pp. 1281-1282.
  3. ^ W. Cuddihy, The Fourth Amendment: Origins and Original Meaning (1990) (Ph.D. Dissertation at Claremont Graduate School)
  4. ^ Davies (1999)
  5. ^ Kinvin Wroth and Hiller B. Zobel, eds, Legal Papers of Adams II, p. 113, fn 22 (1965) “The writs of assistance did not become an issue until news of King George II’s death arrived in Boston December 27, 1760.”
  6. ^ Kinvin Wroth and Hiller B. Zobel, eds, Legal Papers of Adams II, p. 113, fn 23 (1965)
  7. ^ Lasson (1937), pp. 57-61
  8. ^ Lasson (1937), p. 66
  9. ^ Adams, Charles Francis, and John Adams (1856). The Works of John Adams, Second President of the United States: With a Life of the Author. Volume: 1. Little, Brown. pp. 59. 
  10. ^ Levy (1995), p. 161
  11. ^ Article X of the Virginia Declaration of Rights, Levy (1995), p. 161
  12. ^ Levy (1995), pp. 162-164
  13. ^ United States v. Jacobsen, 466 U.S. 109 (1984): "This Court has ... consistently construed this protection as proscribing only governmental action; it is wholly inapplicable to a search or seizure, even an unreasonable one, effected by a private individual not acting as an agent of the Government or with the participation or knowledge of any governmental official." (punctuation omitted).
  14. ^ For example, see Article 1, § 7 of the Tennessee Constitution.
  15. ^ Lasson (1937), p. 107
  16. ^ Lasson (1937), p. 106
  17. ^ Warden v. Hayden, 387 U.S. 294 (1967) (speculating that there may be "items of evidential value whose very nature precludes them from being the object of a reasonable search and seizure")
  18. ^ Devenpeck v. Alford, 543 U.S. 146 (2004)
  19. ^ Tennessee v. Garner 471 U.S. 1 (1985)
  20. ^ Friedman, Leon. The Justices of the United States Supreme Court: Their Lives and Major Opinions, Volume V. Chelsea House Publishers. 1978. Page 292.
  21. ^ Florida v. Royer, 460 U.S. 491, 497-98, 103 S.Ct. 1319, 1324 (1983).
  22. ^ Soldal v. Cook County, 506 U.S. 56, 61, 113 S.Ct. 538, 543 (1992)
  23. ^ United States v. Mendenhall, 446 U.S. 544, 551, 64 L. Ed. 2d 497, 100 S. Ct. 1870 (1980)
  24. ^ Florida v. Royer, 460 U.S. 491, 497-98, 75 L. Ed. 2d 229, 103 S. Ct. 1319 (1983)
  25. ^ Dunaway v. New York, 442 U.S. 200, 210 n. 12, 99 S.Ct. 2248, 2255 n. 12, 60 L.Ed.2d 824 (1979)
  26. ^ a b c United States v. Mendenhall, 446 U.S. 544, 100 S.Ct. 1870 (1980).
  27. ^ Florida v. Bostick, 501 U.S. 429, 439, 115 L. Ed. 2d 389, 111 S. Ct. 2382 (1991)
  28. ^ see Michigan v. Sitz, 496 U.S. 444 (1990) and Indianapolis v. Edmond, 531 U.S. 32 (2000)
  29. ^ e.g., Edmond and Palmer v. Indianapolis (7th Cir., 1999)
  30. ^ a b Knowles v. Iowa, 525 U.S. 113, 117, 119 S.Ct. 484, 488 (1998).
  31. ^ Ruling about police requesting identification during a traffic stop.
  32. ^ Virginia v. Moore
  33. ^ AP article on the case.
  34. ^ See, e.g., Tennessee Code Annotated § 40-7-109 (2003)
  35. ^ Maryland v. Dyson, 527 U.S. 465 (1999)
  36. ^ Andrews v. Fuoss, 417 F.3d 813 (8th Cir. 2005).
  37. ^ Flippo v. West Virginia, 528 U.S. 11 (1999); California v. Acevedo, 500 U.S. 565 (1991)
  38. ^ Carroll at 162
  39. ^ Texas v. Brown, 460 U.S. 730, 742, 103 S.Ct. 1535, 1543 (1983)
  40. ^ Beck v. Ohio, 379 U.S. 89, 91, 85 S.Ct. 223, 225 (1964)
  41. ^ Johnson v. United States, 333 U.S. 10, 92 L.Ed 436, 68 S.Ct 367 (1948)
  42. ^ Stinger, C. Maureen (February 13, 1996). "Arizona v. Evans: Adapting the Exclusionary Rule to Advancing Computer Technology". The Richmond Journal of Law and Technology. http://law.richmond.edu/jolt/v2i1/stinger.html. Retrieved 2009-01-16. 
  43. ^ "Court says evidence is valid despite police error". http://fe11.story.media.ac4.yahoo.com/news/us/story/ap/20090114/ap_on_go_su_co/scotus_evidence. Retrieved 2009-01-14. 
  44. ^ Opinion of the Court and dissenting opinions in Herring v. United States
  45. ^ Requirements of the plain view doctrine
  46. ^ Oliver, 466 U.S. 170, 179 (1984)
  47. ^ United States v. Dunn, 480 U.S. 294, 300 (1987)
  48. ^ Dunn at 301
  49. ^ United States v. Gooch, 6 F.3d 673 (9th Cir. 1993)
  50. ^ LaDuke v. Nelson, 762 F.2d 1318 (9th Cir. 1985)
  51. ^ LaDuke v. Castillo, 455 F.Supp. (E.D. Wash. 1978)
  52. ^ United States v. Hatch, 931 F.2d 1478 (11th Cir.), cert. denied, 502 U.S. 883 (1991)
  53. ^ United States v. Smith, 797 F.2d 836, 840 (10th Cir.1986)
  54. ^ Moore, Kristina (April 21, 2009). "Limits on warrantless car searches, compensation to terrorism victims, veterans benefit disputes". SCOTUSblog. http://www.scotusblog.com/wp/a-new-rule-for-warrantless-car-searches/. Retrieved 2009-04-22. 
  55. ^ See United States v. Flores-Montano, 541 U.S. 149 (2004), United States v. Montoya de Hernandez, 473 U.S. 531 (1985), and United States v. Ramsey, 431 U.S. 606 (1977).
  56. ^ See Flores-Montano, 541 U.S. at 152-53
  57. ^ See United States v. Ickes, 393 F.3d 501 (4th Cir., 2005) and United States v. Arnold, (9th Cir., 2008)
  58. ^ "Top court rules strip search of teen was illegal". Associated Press. June 25, 2009. http://www.msnbc.msn.com/id/31544930/ns/us_news-crime_and_courts/. Retrieved 2009-06-25. 
  59. ^ Denniston, Lyle (June 25, 2009). "Analysis: Some expansion of student privacy". SCOTUSblog. http://www.scotusblog.com/wp/analysis-some-expansion-of-student-privacy/. Retrieved 2009-06-25. 
  60. ^ "Administration Asserts No Fourth Amendment for Domestic Military Operations". http://www.eff.org/deeplinks/2008/04/administration-asserts-no-fourth-amendment-domestic-military-operations. Retrieved 2008-04-03. 
  61. ^ "U.S. Spy Bill Protecting Telecoms Heads To President Bush". http://www.informationweek.com/shared/printableArticle.jhtml?articleID=208808232. Retrieved 2008-07-14. 
  62. ^ "Intelligence Court Rules Wiretapping Power Legal". http://www.nytimes.com/2009/01/16/washington/16fisa.html?hp. 
  63. ^ e.g., United States v. Simons, 206 F.3d 392, 398 (4th Cir., Feb. 28, 2000)
  64. ^ See Curto v. Medical World Comm., No. 03CV6327, 2006 U.S. Dist. LEXIS 29387 (E.D.N.Y. May 15, 2006)
  65. ^ See United States v. Ziegler, ___F.3d 1077 (9th Cir. Jan. 30, 2007, No. 05-30177) [1] Cf. United States v. Ziegler, 456 F.3d 1138 (9th Cir. 2006)
  66. ^ Opinion in Rehberg, p. 19-22

Further reading

.
  • Amar, Akhil Reed (1994).^ Framer James Wilson, however, endorsed popular amendment, and the topic is examined at some length in Akhil Reed Amar's book, The Constitution: A Biography .
    • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 16 January 2010 18:11 UTC tabacco.blog-city.com [Source type: Original source]

    ."Fourth Amendment First Principles". Harvard Law Review 107: 757–819. doi:10.2307/1341994. 
  • Amsterdam, Anthony G. (1974).^ Consider what the Fourth Amendment, in the Bill of Rights, requires of any search conducted by law enforcement or other government agencies: .
    • Irregular Times » fourth amendment 16 January 2010 18:11 UTC irregulartimes.com [Source type: Original source]

    ^ When the students return their homework, they will review and discuss briefly the Thirteenth Amendment that was passed in 1865, and slavery was abolished by law.
    • 87.03.08: The United States Constitution and Selected Amendments 16 January 2010 18:11 UTC www.yale.edu [Source type: FILTERED WITH BAYES]

    ^ Orin Kerr, also a law professor at George Washington University, and a blogger at Volokh Conspiracy , has attempted to lay out general principles for applying the Fourth Amendment to the internet.
    • Schneier on Security: Privacy and the Fourth Amendment 16 January 2010 18:11 UTC www.schneier.com [Source type: Original source]

    ."Perspectives on the Fourth Amendment". Minnesota Law Review 58: 349. 
  • Davies, Thomas Y. (1999).^ Consider what the Fourth Amendment, in the Bill of Rights, requires of any search conducted by law enforcement or other government agencies: .
    • Irregular Times » fourth amendment 16 January 2010 18:11 UTC irregulartimes.com [Source type: Original source]

    ^ Amendment scholarship, buying law reviews and establishing foundations with the express goal of duping the justices of the Supreme Court of the United States.
    • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 16 January 2010 18:11 UTC pajamasmedia.com [Source type: Original source]

    ^ When the students return their homework, they will review and discuss briefly the Thirteenth Amendment that was passed in 1865, and slavery was abolished by law.
    • 87.03.08: The United States Constitution and Selected Amendments 16 January 2010 18:11 UTC www.yale.edu [Source type: FILTERED WITH BAYES]

    "Recovering the Original Fourth Amendment". Michigan Law Review 98: 547. doi:10.2307/1290314. .http://www.jstor.org/pss/1290314. 
  • Ducat, Craig R. and Harold W. Chase (Eds) (1992).^ My AIDS/LifeCycle homepage: http://www.tofighthiv.org/...
    • Daily Kos: Al Franken Schools Justice Dept on The Constitution! 16 January 2010 18:11 UTC www.dailykos.com [Source type: Original source]

    ^ Website to view above index and this article: http://www.amendment-13.org/chronology.html .
    • Historical Chronology - The Original Thirteenth Article of Amendment To The Constitution For The United States | Love for Life 16 January 2010 18:11 UTC loveforlife.com.au [Source type: Original source]

    ^ AM PST by central_va ( http://www.15thvirginia.org/) [ Post Reply .
    • Unintended consequences: Obama and company provoke 10th Amendment backlash 16 January 2010 18:11 UTC www.freerepublic.com [Source type: FILTERED WITH BAYES]

    Constitutional Interpretation (5th ed.). West Publishing Company. pp. 797–818. 
  • Kilman, Johnny and George Costello (Eds) (2006). ."The Constitution of the United States of America: Analysis and Interpretation".^ The Constitution of the United States - The Petition Site browse my petitionsite create petition help .
    • The Constitution of the United States - The Petition Site 16 January 2010 18:11 UTC www.thepetitionsite.com [Source type: Original source]

    ^ Constitution - Amendments United States.
    • United States Constitution Research Guide 16 January 2010 18:11 UTC www.lib.jmu.edu [Source type: Academic]

    ^ The executive Power shall be vested in a President of the United States of America .
    • The United States Constitution 16 January 2010 18:11 UTC www.consource.org [Source type: Original source]

    GPO. .http://www.gpoaccess.gov/constitution/browse.html. 
  • Lasson, Nelson B. (1937).^ History and development of the fourth amendment to the United States Constitution, by Nelson B. Lasson.

    ^ Website to view above index and this article: http://www.amendment-13.org/chronology.html .
    • Historical Chronology - The Original Thirteenth Article of Amendment To The Constitution For The United States | Love for Life 16 January 2010 18:11 UTC loveforlife.com.au [Source type: Original source]

    .The History and Development of the Fourth Amendment to the United States Constitution.^ Congress of the United States, begun and held at the city of New-York, on Wednesday, the fourth of March, one thousand seven hundred eighty-nine.

    ^ Thursday, October 29th, 2009 Fourth Amendment to the Constitution of the United States: .
    • Irregular Times » fourth amendment 16 January 2010 18:11 UTC irregulartimes.com [Source type: Original source]

    ^ Also, seven Vice Presidents had died in office and one had resigned, so that for some twenty per cent of United States history there had been no Vice President to step up.
    • The Constitution For The United States, Its Sources and Its Applications - Amendment Articles XI - XXVII 16 January 2010 18:11 UTC www.barefootsworld.net [Source type: Original source]

    Johns Hopkins University Press. 
  • Levy, Leonard Williams (1995). .Seasoned Judgments: The American Constitution, Rights, and History.^ If the 14 th Amendment empowered Federal Courts to enforce the Bill of Rights against the States, this was one of the best kept secrets in American history.
    • U.S. Constitution 14th Amendment - Introduction 16 January 2010 18:11 UTC www.14th-amendment.com [Source type: Original source]

    ^ Hall, Kermit L. A Comprehensive Bibliography of American Constitutional and Legal History, 1896-1979 .
    • United States Constitution Research Guide 16 January 2010 18:11 UTC www.lib.jmu.edu [Source type: Academic]

    ^ These satellite spy operations are profoundly in violation of Americans’ constitutional right to protection from unreasonable search and seizure.
    • Irregular Times » fourth amendment 16 January 2010 18:11 UTC irregulartimes.com [Source type: Original source]

    Transaction Publishers.
     

External links


Citable sentences

Up to date as of December 20, 2010

Here are sentences from other pages on Fourth Amendment to the United States Constitution, which are similar to those in the above article.








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