Jonah Patel
The Fourth Amendment of the U.S. Constitution protects citizens against illegal search and seizure, which occurs without proper authorization or when conducted outside of the boundaries set by law. This protection ensures that government agencies cannot enter or search an individual's private property without probable cause or a warrant. Epilepsy, on the other hand, is a brain disease characterized by nerve cells that don't signal properly, resulting in seizures. These seizures are caused by bursts of uncontrolled electrical activity, leading to changes in sensations, behaviors, awareness, and muscle movements. While epilepsy cannot be cured, various treatment options are available, including medications that can help manage the condition.
| Characteristics | Values |
|---|---|
| Legitimacy | The arrest must be lawful and officers must have a reasonable belief that the automobile contains evidence of the offense of arrest. If the search precedes the arrest, it's illegal. |
| Time and area | The search must be contemporaneous in time and place with the arrest. |
| Scope | The person and their "wingspan" (arm's reach) no matter if it's an open or closed space, locked or unlocked items. |
| Exceptions | Need exigent circumstances or a search warrant to search the contents of a cell phone. |
| Validity | A search and seizure is considered unreasonable if it is conducted without a valid search warrant, and does not fall under an exception to the warrant requirement. |
| Probable cause | Probable cause requires an acceptable degree of justified suspicion. |
| Particularity | Particularity requirements are spelled out in the constitution text itself. |
| Evidence | Evidence obtained through an illegal search is excluded and cannot be used against the defendant at trial. |
| Remedy | The exclusionary rule is the remedy to unreasonable search and seizure, which prevents the evidence obtained from being introduced in court. |
| Qualified immunity | A police officer with qualified immunity is protected from being personally sued by the defendant. |
| Constitutional rights | The Fourth Amendment of the U.S. Constitution protects citizens from unreasonable searches and seizures by law enforcement officers. |
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What You'll Learn
Searches without a warrant
The Fourth Amendment to the US Constitution protects citizens and criminal suspects from unreasonable searches of their property and persons. It also prohibits police officers from making unlawful arrests or seizures.
The following are some circumstances in which a search without a warrant may be deemed lawful:
- Vehicle searches: When an officer has probable cause to believe that the vehicle contains contraband or other property obtained through a crime, they can conduct a search without a warrant. This is known as a legitimate traffic stop.
- Evidence in plain view: If evidence is in plain view or in "open fields" where a person does not have a reasonable expectation of privacy, a warrant is not required for its seizure.
- Consent: If an individual consents to a search, they lose their protection against unreasonable searches and seizures.
- Exigent circumstances: Police can conduct a warrantless search in emergency situations, such as when pursuing an armed fugitive, to ensure their safety and the safety of the public.
- Protective sweeps: In conjunction with an in-home arrest, an officer may conduct a properly limited protective sweep if they have a reasonable belief, based on specific and articulable facts, that the area may harbor a person posing a danger to those on the arrest scene.
- Observation from public airways: The Fourth Amendment does not require police travelling in public airways at an altitude of 400 feet to obtain a warrant to observe what is visible to the naked eye.
- Garbage outside the home: The Fourth Amendment does not prohibit the warrantless search and seizure of garbage left for collection outside the curtilage of a home.
It is important to note that the interpretation and application of these exceptions may vary across different jurisdictions.
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Consent to search
Consent is one of the key factors that determine whether a search is legal or illegal. If an individual consents to a search, they lose their protection against unreasonable searches and seizures. Consent must be given voluntarily, and if it is obtained under threats, it is invalid. For instance, if a law enforcement officer obtains consent by stating they have a warrant when they do not, the consent is invalid.
The Fourth Amendment to the US Constitution protects citizens and criminal suspects from unreasonable searches of their property and persons. It also prohibits police officers from making unlawful arrests or seizures. The Fourth Amendment requires that any search or seizure must be reasonable, based on probable cause, and that warrants must be obtained. Probable cause means there is a reasonable basis for the search, and that there is a fair probability that evidence of a crime will be found.
In some situations, a warrant is not needed. For example, in vehicle searches, if the officer has probable cause to believe the vehicle contains contraband, or if evidence is in plain view, a warrant is not required. Similarly, in an emergency or exigent circumstances, such as pursuing an armed fugitive, a warrantless search may be conducted.
The exclusionary rule states that any evidence obtained through an illegal search is excluded and cannot be used against the defendant at trial. This rule is often the defendant's only remedy when their rights have been violated. However, there are exceptions. For instance, if officers acted in good faith and reasonably relied on a warrant that later turned out to be invalid, the evidence may still be admitted.
In Italy, protection from unreasonable search and seizure is enshrined in Article 14 of the Constitution, which states: "The home is inviolable. Home inspections, searches, or seizures shall not be admissible save in the cases and manners complying with measures to safeguard personal liberty." In New Zealand, while there is little to no protection from unreasonable search and seizure, the Bill of Rights Act 1990 states that "everyone has the right to be secure against unreasonable search or seizure".
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Legitimate traffic stops
Traffic stops are a common occurrence and often involve minor violations, such as speeding, running a red light, or distracted driving. While these stops are temporary detentions, they are still protected by the Fourth Amendment of the US Constitution, which relates to search and seizure.
A routine traffic stop is justified if the police officer has a reasonable suspicion that the driver is unlicensed or the vehicle is unregistered. This reasonable suspicion can be based on the officer's observations, which do not have to be sufficient to establish a traffic offense. However, an officer's honest but mistaken understanding of a traffic law can render the temporary detention unlawful. The detention should only last long enough to resolve the issue that prompted the stop. During the stop, the officer can ask the driver to get out of the car, check their license, run a warrant check, and ask about vehicle ownership and insurance.
In some cases, reasonable suspicion can escalate to probable cause, which is required for an arrest. Probable cause means there is an acceptable degree of justified suspicion, and it is required for a search warrant to be granted. A search warrant must be based on probable cause, describe the place to be searched, and specify the persons or items to be seized.
While a warrant is generally required for searches, there are exceptions. For example, a warrant is not needed for vehicle searches if the officer has probable cause to believe the vehicle contains contraband or evidence of a crime. Additionally, evidence in plain view or in areas without a reasonable expectation of privacy, such as garbage left outside a home, can be seized without a warrant.
The legality of a traffic stop and any subsequent searches or seizures can be challenged in court. If a court finds that an officer's temporary detention was unlawful or unreasonably long, it can suppress any evidence seized after the detention.
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Reasonable expectation of privacy
The Fourth Amendment of the United States Constitution protects individuals from unreasonable searches and seizures, ensuring their security in "their persons, houses, papers, and effects". This amendment is crucial in defining the scope of privacy protections and is based on the premise that everyone is entitled to a reasonable right to privacy.
The reasonable expectation of privacy is a legal test that determines whether government action has violated an individual's right to privacy. This test, originated from Katz v. United States, has two parts:
- The individual must exhibit an actual (subjective) expectation of privacy, demonstrating that they kept the evidence in a manner designed to ensure its privacy.
- The expectation must be one that society is prepared to recognize as reasonable. In other words, would society at large deem a person's expectation of privacy to be reasonable?
If both requirements are met, and the government has taken action that violates this "expectation," then the individual's right to privacy has been infringed.
The reasonable expectation of privacy can be subjective or objective. Subjective expectations of privacy vary from person to person, depending on their opinion of what constitutes a private location or situation. On the other hand, objective expectations of privacy are legitimate and generally recognized by society and may be protected by law. Residences, hotel rooms, and public places provided for privacy, such as restrooms, are examples of places where individuals typically expect privacy.
It is important to note that the expectation of privacy is not absolute and can vary depending on the jurisdiction. For instance, while the Fourth Amendment protects individuals from unreasonable searches and seizures, it may not extend to informational privacy or electronic devices such as cell phones. Additionally, there are exceptions to the reasonable expectation of privacy, such as in open fields or when consent to search has been given.
In summary, the reasonable expectation of privacy is a crucial concept in defining the boundaries of privacy protections and distinguishing legitimate from unreasonable searches and seizures.
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Evidence obtained through illegal search
Evidence obtained through an illegal search is inadmissible in court and cannot be used against the defendant at trial. This principle is known as the "exclusionary rule" and is based on the idea that the government cannot invade areas where individuals have a reasonable expectation of privacy without substantial justification.
The Fourth Amendment to the US Constitution protects individuals from unreasonable searches and seizures, stating that:
> "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
This means that for a search or seizure to be reasonable, it must be based on probable cause, which can be defined as "a good reason" for the search, seizure, or arrest. There must be a reasonable suspicion that the person has committed a crime or that evidence will be found at the location to be searched.
In addition to the Fourth Amendment, the Fifth Amendment may protect individuals from complying with a subpoena for the production of their personal records, while the Sixth Amendment prohibits the admission of incriminating statements obtained in violation of the accused's rights.
There are some exceptions to the exclusionary rule. For example, in certain situations, a warrant is not needed for a search, such as vehicle searches when the officer has probable cause to believe the vehicle contains contraband, or when evidence is in plain view or in "open fields" where there is no reasonable expectation of privacy.
The exclusionary rule also does not require that all evidence obtained in violation of regulations concerning electronic eavesdropping be excluded. Additionally, evidence initially discovered during an illegal entry may be admissible if it is also discovered during a later search pursuant to a valid warrant that is wholly independent of the initial illegal entry.
The legality of a search and seizure can be complex and subject to various interpretations, and it is not always clear whether an individual's constitutional rights have been violated. Consulting a criminal law attorney is advisable to review the circumstances of one's case and determine the best course of action.
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