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Encyclopedia > Fourth Amendment to the United States Constitution
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The Bill of Rights in the National Archives.
The Bill of Rights in the National Archives.

The Fourth Amendment (Amendment IV) to the United States Constitution is one of the provisions included in the Bill of Rights. The Fourth Amendment guards against unreasonable searches and seizures, and was designed as a response to the controversial writs of assistance (a type of general search warrant), which were a significant factor behind the American Revolution.[citation needed] Toward that end, the amendment specifies that judicially sanctioned search and arrest warrants must be supported by probable cause and be limited in scope according to specific information supplied by a person (usually a peace officer) who has sworn by it and is therefore accountable to the issuing court. Image File history File linksMetadata Download high resolution version (4318x4592, 1500 KB) Description: THE BILL OF RIGHTS Credit: NARA [1] Usage: File links The following pages link to this file: United States Constitution United States Bill of Rights Metadata This file contains additional information, probably added from the digital camera... Image File history File linksMetadata Download high resolution version (4318x4592, 1500 KB) Description: THE BILL OF RIGHTS Credit: NARA [1] Usage: File links The following pages link to this file: United States Constitution United States Bill of Rights Metadata This file contains additional information, probably added from the digital camera... The National Archives building in Washington, DC The United States National Archives and Records Administration (NARA) is an independent agency of the United States federal government charged with preserving and documenting government and historical records. ... Wikisource has original text related to this article: The United States Constitution The United States Constitution is the supreme law of the United States of America. ... The United States Bill of Rights consists of the first 10 amendments to the United States Constitution. ... Search and seizure is a legal procedure used in many common law whereby police or other authorities and their agents, who suspect that a crime has been committed, do a search of a persons property and confiscate any relevant evidence to the crime. ... A Writ of Assistance is a legal writ that serves as a general search warrant. ... A search warrant is a written warrant issued by judge or magistrate which authorizes the police to conduct a search of a person or location for evidence of a criminal offense and seize the evidence. ... John Trumbulls Declaration of Independence, showing the five-man committee in charge of drafting the Declaration in 1776 as it presents its work to the Second Continental Congress in Philadelphia The American Revolution refers to the period during the last half of the 18th century in which the Thirteen... In the law, the judiciary or judicial system is the system of courts which administer justice in the name of the sovereign or state, a mechanism for the resolution of disputes. ... For other uses, see Arrest (disambiguation). ... In law, a warrant can mean any authorization. ... In United States criminal law, probable cause refers to the standard by which a police officer may make an arrest, conduct a personal or property search or obtain a warrant. ... In the broad sense a peace officer is any public sector person charged to uphold the peace. ... An affidavit is a formal sworn statement of fact, signed by the declarant (who is called the affiant), and witnessed (as to the veracity of the affiants signature) by a taker of oaths, such as a notary public. ... Perjury is the act of lying or making verifiably false statements on a material matter under oath or affirmation in a court of law or in any of various sworn statements in writing. ...


The Supreme Court has ruled that the Fourth Amendment is applicable to the state governments by operation of the Due Process Clause of the Fourteenth Amendment.[1] The Supreme Court has said that some searches and seizures may violate the Fourth Amendment's reasonableness requirement even if a warrant is supported by probable cause and is limited in scope.[citation needed] 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."[citation needed] The Supreme Court of the United States (sometimes colloquially referred to by the acronym SCOTUS[1]) is the highest judicial body in the United States and leads the federal judiciary. ... A state government (provincial government in Canada) is the government of a subnational entity in states with federal forms of government, which shares political power with the federal government or national government. ... Amendment XIV in the National Archives The Fourteenth Amendment to the United States Constitution (Amendment XIV) is one of the post-Civil War amendments (known as the Reconstruction Amendments), first intended to secure rights for former slaves. ...

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.

Background

Image File history File links Question_book-3. ...

British law

John Wilkes, with two editions of his "North Briton", including Number 45 which criticized the King's speech and the cider tax.
John Wilkes, with two editions of his "North Briton", including Number 45 which criticized the King's speech and the cider tax.

As with many other forms of American law, the Fourth Amendment finds its roots in British legal theory. Concepts found in the Magna Carta, as well as the concept of, "a man's house is his castle" is something that has long been a part of British theory. While the second was often without historical foundation, it nonetheless was an ideal that was held by subjects and legal theorists of the time. The first person to link these ideas of freedom and legal theory together was Robert Beale, who was clerk of the Privy Council in 1589. In a statement concerning Chapter 39 of the Magna Carta, he asked when agents of a prerogative court, acting under its warrant, could "enter into men's houses, break of[f] their chests and chambers" and carry off as evidence whatever they pleased. This was a milestone in history, as it brought into light that the Magna Carta was not just something to be specific in naming persons sought and/or the places to be searched. Hale was an early visionary regarding the concept of "probable cause" by maintaining that the person seeking a warrant should be examined judicially under oath so that a magistrate could determine whether there was sufficient grounds for an issuance. Furthermore, Hale was revolutionary in the idea that if an officer made an illegal search and arrest, that the officer would be liable to a civil suit for "false arrest". The concept of facing a civil suit for false arrest is a far cry to many current provisions that offer officers protection such as the "In good faith" ideal. An eighteenth-century collection of 108 warrants authorized by secretaries of state or by the King's Bench for the period of 1700-1763 shows that all but two of them were general warrants.[2] Image File history File links Size of this preview: 392 × 600 pixelsFull resolution‎ (1,970 × 3,013 pixels, file size: 13. ... Image File history File links Size of this preview: 392 × 600 pixelsFull resolution‎ (1,970 × 3,013 pixels, file size: 13. ... This article is about the English charter issued in 1215. ... A privy council is a body that advises the head of state of a nation, typically in a monarchy. ... One of the ancient courts of England, the Kings Bench (or Queens Bench when the monarch is female) is now a division of the High Court of Justice of England and Wales. ...


In 1762, John Wilkes, a member of the British parliament, anonymously published pamphlets that criticized the King's speech and a cider tax that was imposed. A general warrant (unspecific as to persons or places to be searched) was issued, to find the person responsible for the pamphlets. Authorities arrested 49 people in three days and finally arrested the actual printer of the pamphlets, who told authorities that Wilkes was responsible. Wilkes was arrested and all of his private papers seized. He was released days later, under privilege as a member of parliament. But, a suit was brought by the printers against the messengers, for the imprisonment of Wilkes. In the case, Huckle v. Money, Chief Justice Charles Pratt ruled that the general warrant was illegal. Another suit was brought against the undersecretary who issued the warrant. In Wilkes v. Wood, the Chief Justice again ruled in the favor of Wilkes.[3] To meet Wikipedias quality standards, this article or section may require cleanup. ... Type Bicameral Houses House of Commons House of Lords Speaker of the House of Commons Michael Martin MP Speaker of the House of Lords Hélène Hayman, PC Members 1377 (646 Commons, 731 Peers) Political groups Labour Party Conservative Party Liberal Democrats Scottish National Party Plaid Cymru Democratic Unionist... Charles Pratt, 1st Earl Camden (1714 – 18 April 1794), Lord Chancellor of Great Britain, was a leading proponent of civil liberties in eighteenth century England. ...


Colonial America

In Colonial America (eighteenth-century), legislation on search and seizure either copied British law or derived from it. Until 1750, all handbooks for justices of the peace, who issued warrants, contained or described only general warrants. William Cuddihy [4] mentioned that a "colonial epidemic of general searches" existed. Until the 1760's, Cuddihy remarked that a "man's house was even less of a legal castle in America than in England" because when adopting British models the exceptions they had were ignored. As a result, an officer conducting a search in America was given every discretion. In a final remark by Cuddihy, it is said that, "Reasonable search and seizure in colonial America closely approximated whatever the searcher thought reasonable". For colonies not part of the 13 colonies see European colonization of the Americas or British colonization of the Americas. ...

In 1756, the province of Massachusetts enacted legislation that abandoned the use of general warrants. This would stand to be the first law of its kind in American law. It was largely created due to a great public outcry against an an excise act of 1754 which authorized tax collectors to interrogate any subject, under oath, on the amount of rum, wine, and other spirits consumed in his premises in the past year (they taxed the spirits by the gallon). More importantly, this provincial impost law was enforced with general warrants to allow officers to search the wine cellars, chests and premises of any person's home. For customs officials, a writ of assistance (without an affidavit) allowed them to search for untaxed imported goods.[5] Image File history File linksMetadata James_Otis. ... Image File history File linksMetadata James_Otis. ... This article is about the political advocate. ... Customs is an authority or agency in a country responsible for collecting customs duties and for controlling the flow of animals and goods (including personal effects and hazardous items) in and out of a country. ... A Writs of Assistance is a legal document that serves as a general search warrant. ... An affidavit is a formal sworn statement of fact, signed by the declarant (who is called the affiant), and witnessed (as to the veracity of the affiants signature) by a taker of oaths, such as a notary public. ...


In February 1761, six months after King George II died, all writs of assistance expired. A group of merchants, represented by James Otis, petitioned the court to have hearings on the issue. In the hearing, Otis strongly denounced English policy towards the colonies and the use of general warrants and writs of assistance. But the court ruled against Otis.[6] With overwhelming popularity, he was elected to the Massachusetts General Assembly, which passed legislation that only permitted special writs of assistance "granted by any judge or justice of the peace upon information under oath by any officer of the customs" and barred all other writs. The governor overturned the legislation, which he found contrary to British law.[7] John Adams, who was present in the courtroom when Otis spoke, viewed these events in 1761 "as the spark in which originated the American Revolution."[8] George II (George Augustus; 10 November 1683 – 25 October 1760) was King of Great Britain and Ireland, Duke of Brunswick-Lüneburg (Hanover) and Archtreasurer and Prince-Elector of the Holy Roman Empire from 11 June 1727 until his death. ... This article is about the political advocate. ... A map of the Province of Massachusetts Bay. ... For other persons named John Adams, see John Adams (disambiguation). ...


The Virginia Declaration of Rights in 1776 included a prohibition on general warrants. This clause, drawn up at the Virginia Convention, was an important step towards requiring specific warrants, served as a precedent for the Fourth Amendment of the United States Constitution.[9] The Virginia Declaration of Rights is a declaration by the Virginia Convention of Delegates of rights of individuals and a call for independence from Britain. ... The Virginia Conventions were a series of five political meetings in the state of Virginia in response to British colonial rule. ...

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.[10]

.[11]


Case law

The 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. Warrants must be supported by probable cause and be limited in scope according to specific information supplied by a person (usually a peace officer) who has sworn by it and is therefore accountable to the issuing court. In the law, the judiciary or judicial system is the system of courts which administer justice in the name of the sovereign or state, a mechanism for the resolution of disputes. ... For other uses, see Arrest (disambiguation). ... In law, a warrant can mean any authorization. ... In United States criminal law, probable cause refers to the standard by which a police officer may make an arrest, conduct a personal or property search or obtain a warrant. ... In the broad sense a peace officer is any public sector person charged to uphold the peace. ... An affidavit is a formal sworn statement of fact, signed by the declarant (who is called the affiant), and witnessed (as to the veracity of the affiants signature) by a taker of oaths, such as a notary public. ... Perjury is the act of lying or making verifiably false statements on a material matter under oath or affirmation in a court of law or in any of various sworn statements in writing. ...


The amendment applies only to governmental actors. It does not guarantee a right to be free from unreasonable searches and seizures conducted by private citizens or organizations.[12] More specifically, the Bill of Rights only restricts the power of the federal government, but the Supreme Court of the United States has ruled that the Fourth Amendment is applicable to state governments by operation of the Due Process Clause of the Fourteenth Amendment.[13] Moreover, all state constitutions contain an analogous provision.[14] This article is about the moral/legal concept. ... For other uses, see Freedom. ... The private sector of a nations economy consists of all that is outside the state. ... The United States Bill of Rights consists of the first 10 amendments to the United States Constitution. ... This article needs additional references or sources for verification. ... This article is about the federal government of the United States. ... The Supreme Court of the United States (sometimes colloquially referred to by the acronym SCOTUS[1]) is the highest judicial body in the United States and leads the federal judiciary. ... A state government (provincial government in Canada) is the government of a subnational entity in states with federal forms of government, which shares political power with the federal government or national government. ... Amendment XIV in the National Archives The Fourteenth Amendment to the United States Constitution (Amendment XIV) is one of the post-Civil War amendments (known as the Reconstruction Amendments), first intended to secure rights for former slaves. ... In the context of the United States of America, a state constitution is the governing document of a U.S. state, comparable to the U.S. Constitution which is the governing document of the United States. ...


The Supreme Court has said that some searches and seizures may violate the Fourth Amendment's reasonableness requirement even if a warrant is supported by probable cause and is limited in scope.[15] 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."[16] Thus, the reasonableness requirement and the warrant requirement are somewhat different.


Regarding the Fourth Amendment's reasonableness requirement, it applies not just to a search in combination with a seizure, but also applies to a search without a seizure, as well as to a seizure without a search.[17] 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. Nevertheless, the amendment is not so broad as to 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. Amendment VIII (the Eighth Amendment) of the United States Constitution, which is part of the U.S. Bill of Rights, prohibits excessive bail or fines, as well as cruel and unusual punishment. ...


Applicability

The Fourth Amendment applies only to criminal law and not civil law. This was affirmed by the Supreme Court in 1855, in the Murray v. Hoboken Land decision.[18] The jurisdiction of the Federal government in the realm of criminal law was narrow, up until the late nineteenth century when the Interstate Commerce Act and Sherman Antitrust Act were passed. 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.[19] The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply. ... Civil law has at least three meanings. ... The Supreme Court of the United States (sometimes colloquially referred to by the acronym SCOTUS[1]) is the highest judicial body in the United States and leads the federal judiciary. ... This article is about the federal government of the United States. ... The American Interstate Commerce Act of 1887 created the Interstate Commerce Commissirs of the commission were appointed by the President with the consent of the Senate. ... John Sherman The Sherman Antitrust Act (Sherman Act[1], July 2, 1890, ch. ... The term narcotic, derived from the Greek word for stupor, originally referred to a variety of substances that induced sleep (such state is narcosis). ...


Searches

Not all actions by which governmental authorities obtain information from or about a person constitute a search. 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. If no search occurs, no warrant is required. In general, authorities have searched when they have impeded upon a person's reasonable expectation of privacy. The ASCII codes for the word Wikipedia represented in binary, the numeral system most commonly used for encoding computer information. ... The law of evidence governs the use of testimony (e. ... In law, a warrant can mean any authorization. ... This article is about authority as a concept. ... Please wikify (format) this article as suggested in the Guide to layout and the Manual of Style. ...


Reasonable expectation of privacy

In Katz v. United States,[20] Justice Harlan issued a concurring opinion articulating the two-part test later adopted by the Court as the definition of a search for Fourth Amendment purposes: (1) governmental action must contravene an individual's actual, subjective expectation of privacy; (2) and that expectation of privacy must be reasonable, in the sense that society in general would recognize it as such. Holding The Court extended the Fourth Amendment protection from unreasonable searches and seizures to protect individuals in a telephone booth from wiretaps by authorities without a warrant. ... This is about the pre-World-War-I US Supreme Court justice; for his grandson, the mid-20th-century holder of the same position, see John Marshall Harlan II. John Marshall Harlan (June 1, 1833 – October 14, 1911) was an American Supreme Court associate justice. ... In law, a concurring opinion is a written opinion by some of the judges of a court which agrees with the opinion of the majority of the court but might arrive there in a different manner. ... // Berne three-step test Habitual residence test But-for test Oakes test Patent unreasonableness test Bolam test Hicklin test Wednesbury unreasonableness test Consumer expectations test Lemon test Miller test Risk-utility test SLAPS test (identical to the Miller test) ... This article is in need of attention. ... Privacy is the ability of an individual or group to control the flow of information about themselves and thereby reveal themselves selectively. ... For other uses, see Society (disambiguation). ...


In order to meet the first part of the test, the person from whom the information was obtained must demonstrate that they, in fact, had an actual, subjective expectation that the evidence obtained would not be available to the public. In other words, the person asserting that a search was conducted must show that they kept the evidence in a manner designed to ensure its privacy.


The second part of the test is analyzed objectively: would society at large deem a person's expectation of privacy to be reasonable? If it is plain that a person did not keep the evidence at issue in a private place, then no search is required to uncover the evidence. For example, there is generally no search when police officers look through garbage because a reasonable person would not expect that items placed in the garbage would necessarily remain private.[21] Similarly, there is no search where officers monitor what phone numbers an individual dials,[22] although Congress has enacted laws which restrict such monitoring. The Supreme Court has also ruled that there is no objectively reasonable expectation of privacy (and thus no search) when officers hovering in a helicopter 400 feet above a suspect's house conduct surveillance.[23] Objectivity is frequently held to be essential to journalistic professionalism (particularly in the United States); however, there is some disagreement about what the concept consists of. ... For other uses, see Waste (disambiguation). ... Type Bicameral Houses Senate House of Representatives President of the Senate President pro tempore Dick Cheney, (R) since January 20, 2001 Robert C. Byrd, (D) since January 4, 2007 Speaker of the House Nancy Pelosi, (D) since January 4, 2007 Members 535 plus 4 Delegates and 1 Resident Commissioner Political... Promulgation is the act of formally proclaiming new legislation to the public. ... For other uses, see Law (disambiguation). ... The Supreme Court of the United States (sometimes colloquially referred to by the acronym SCOTUS[1]) is the highest judicial body in the United States and leads the federal judiciary. ...


The Supreme Court has ruled that privacy extends to contents sent through the postal mail, requiring a search warrant for mail to be opened.[24][25] A British pillar box The postal system is a system by which written documents typically enclosed in envelopes, and also small packages containing other matter, are delivered to destinations around the world. ...


Probable cause to search

When police do conduct a search, the amendment requires them to have probable cause to believe that the search will uncover criminal activity or contraband. In other words, they must have legally sufficient reasons to believe a search is necessary. The Supreme Court has stated that probable cause to search is a flexible, common-sense standard. It merely requires that the facts available to the officer would 'warrant a man of reasonable caution in the belief,'[26] 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. A 'practical, nontechnical' probability that incriminating evidence is involved is all that is required.[27] In United States criminal law, probable cause refers to the standard by which a police officer may make an arrest, conduct a personal or property search or obtain a warrant. ... Contraband consists of items of which possession may be illegal, depending on the variety and the country or the age or sex of the possessor. ...


"Terry Frisk"

However, in certain circumstances, authorities are permitted to conduct a search on a level of suspicion less than probable cause. In Terry v. Ohio,[28] the Supreme Court decided that when a policeman "observes unusual conduct" that leads him to reasonably believe "that criminal activity may be afoot" and that the suspicious person has a weapon and is presently dangerous to the policeman or others, he may conduct a "pat-down search" (or "frisk"), to determine whether the person is in fact carrying a weapon. To conduct a frisk, the policeman must be able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant his actions.[28] A vague hunch will not do. Holding Law enforcement officers may stop and frisk someone for weapons if they have a reasonable suspicion that a crime has taken or is about to take place and the subject is armed and dangerous without violating the Fourth Amendment prohibition on unreasonable searches and seizures. ... For other uses, see Weapon (disambiguation). ...


Seizures

The amendment proscribes unreasonable seizures of private property as well as persons. A seizure of property occurs when there is some meaningful interference by the police with an individual's possessory interests in that property,[29] such as when police officers take an item away from a person and keep it to use as evidence of a crime. This page deals with property as ownership rights. ...


A seizure is not constituted by merely approaching the individual on the street or in another public place, and asking him if he is willing to answer some questions, or by asking him questions if he seems willing to listen, or by offering in evidence in a criminal prosecution his voluntary answers to such questions. The person approached, however, does not have to answer any questions under these circumstances; he can simply walk away.[30] He may not be detained even momentarily without reasonable, objective grounds for doing so; and his refusal to listen or answer does not, without more, furnish those grounds.[31] For other uses, see Person (disambiguation). ... A city-centre street in Frankfurt, Germany A residential street in Cambridge, Massachusetts, USA A street is a public thoroughfare in the built environment. ... One definition of public space or a public place is a place where anyone has a right to come without paying an entrance or other fee. ... The prosecutor is the chief legal representative of the prosecution in countries adopting the common law adversarial system or the civil law inquisitorial system. ... This group of political volunteers is working to promote voter turn-out. ...


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.[31] If the police are questioning someone, and they remain free to disregard the questions and walk away, there has been no intrusion upon the person's liberty or privacy, and for Fourth Amendment purposes — there has been no seizure.[31] For other uses, see Liberty (disambiguation). ...


Arrests

Of course, when a person is arrested and taken into police custody, they have been seized (i.e., a reasonable person who is handcuffed and placed in the back of a squad car would not think they were free to leave). 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 (see below) than to a formal arrest.[32] 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.[33] 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.[34][35] For other uses, see Arrest (disambiguation). ... A pair of handcuffs Handcuffs are restraint devices designed to secure an individuals wrists close together. ... Ford Crown Victoria Police Interceptor of the United States Federal Protective Service. ... A officer of the California Highway Patrol making a traffic stop A traffic stop is a temporary detention of a driver of a vehicle by police to investigate a possible crime. ...


Citizen's arrest

As mentioned in the introduction, the Fourth Amendment does not apply to private citizens, so in the case of a citizen's arrest, the Fourth Amendment standards are not relevant. However, many states have passed laws that dictate the specific circumstances in which a private citizen may arrest another. Typically, a person can make a citizen's arrest when: (1) a misdemeanor amounting to a public nuisance is committed in the arresting citizen's presence; or (2) a felony has been committed, and the arresting citizen has reasonable cause to believe that the person arrested committed it.[36] The private sector of a nations economy consists of all that is outside the state. ... A citizens arrest is an arrest performed by a person who is a civilian, as opposed to a sworn law enforcement officer. ... A state government (provincial government in Canada) is the government of a subnational entity in states with federal forms of government, which shares political power with the federal government or national government. ... Promulgation is the act of formally proclaiming new legislation to the public. ... The Statute of Grand Duchy of Lithuania A statute is a formal, written law of a country or state, written and enacted by its legislative authority, perhaps to then be ratified by the highest executive in the government, and finally published. ... A misdemeanor, or misdemeanour, in many common law legal systems, is a lesser criminal act. ... Nuisance is a common law tort. ... For the record label, see Felony Records The term felony is a term used in common law systems for very serious crimes, whereas misdemeanors are considered to be less serious offenses. ...


Probable cause to arrest

Main article: Probable Cause

Under 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 (i.e., probable cause to believe that someone had committed a misdemeanor does not justify an arrest; the police officer has to actually witness the misdemeanor.)[32] In United States criminal law, probable cause refers to the standard by which a police officer may make an arrest, conduct a personal or property search or obtain a warrant. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... A misdemeanor, or misdemeanour, in many common law legal systems, is a lesser criminal act. ... In United States criminal law, probable cause refers to the standard by which a police officer may make an arrest, conduct a personal or property search or obtain a warrant. ... For the record label, see Felony Records The term felony is a term used in common law systems for very serious crimes, whereas misdemeanors are considered to be less serious offenses. ...


The probable cause required for an arrest is different than that required for a search. Police have 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.[37] Probable cause to arrest must exist before the arrest is made: evidence discovered after the arrest may not be retroactively used to justify the arrest.[38]


Investigatory detentions, "Terry Stops"

Not all seizures of the person must be justified by the probable cause standard required for arrests. Certain seizures are justifiable under the Fourth Amendment if there is reasonable suspicion, supported by specific and articulable facts, that a person has committed or is about to commit a crime.[28] Note that this circumstance is different than the non-seizure police questioning discussed above, in these situations, the person stopped is not free to leave. A "Terry Stop" must be temporary and questioning must be limited to the purpose of the stop (i.e., if the policeman stopped you because he had reasonable suspicion to believe that you were driving a stolen car, after confirming that it is not stolen, he cannot force you to answer questions about anything else, such as the possession of contraband.)[39] In justifying the particular intrusion the police officer must be able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant the intrusion Generally speaking police/law enforcement officers in the United States can stop (see Terry stop) and detain a person(s) when they have reasonable suspicion to suspect that the person(s) have committed a crime, or were about to commit a crime, and incident to such a stop can search...


Warrant requirement

Under the amendment, law enforcement must receive written permission from a court of law, or otherwise qualified magistrate, in order to lawfully search for and seize evidence while investigating criminal activity. A court grants permission by issuing a writ known as a warrant. A search or seizure is generally unreasonable, i.e., unconstitutional, if conducted without a valid warrant,[40] and the police must obtain a warrant whenever practicable.[41] Warrantless searches and seizures are not automatically considered to be unreasonable, unless one of the specifically established and well-delineated exceptions to the warrant requirement is applicable.[42] For other uses, see Police (disambiguation). ... A trial at the Old Bailey in London as drawn by Thomas Rowlandson and Augustus Pugin for Ackermanns Microcosm of London (1808-11). ... A magistrate is a judicial officer. ... The law of evidence governs the use of testimony (e. ... For other uses, see Crime (disambiguation). ... In law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction. ... In law, a warrant can mean any authorization. ... For other uses, see Establishment. ... Exception may refer to: An action that is not part of normal operations or standards. ...


Exclusionary rule

Main article: exclusionary rule

One way courts enforce the rights guaranteed by the amendment is with the exclusionary rule. 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. In United States constitutional law, the exclusionary rule is a legal principle holding that evidence collected or analyzed in violation of the U.S. Constitution is inadmissible for a criminal prosecution in a court of law (that is, it cannot be used in a criminal trial). ... For the band, see The Police. ... The law of evidence governs the use of testimony (e. ... Admissible evidence, in a court of law, is any testimonial, documentary, or tangible evidence that may be introduced to a factfinder - usually a judge or jury in order to establish or a bolster a point put forth by a party to the proceeding. ... The prosecutor is the chief legal representative of the prosecution in countries adopting the common law adversarial system or the civil law inquisitorial system. ... A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. ... The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply. ... It has been suggested that this article or section be merged with Jury. ...


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. Additionally, in Silverthorne Lumber Co. v. United States, 251 U.S. 385 (1920) and Nardone v. 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. The rule serves primarily to deter police officers from willfully violating a suspect's Fourth Amendment rights. 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. 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 dint of the Fourteenth Amendment. Later, in Mapp v. Ohio, 367 U.S. 643 (1961), the Supreme Court explicitly made the exclusionary rule applicable in state proceedings as an essential part of criminal procedure and basic human right. Holding The warrantless seizure of documents from a private home violated the Fourth Amendment prohibition against unreasonable searches and seizures, and evidence obtained in this manner is excluded from use in federal criminal prosecutions. ... Court citation is a standard system used in common law countries such as the United States, United Kingdom, Canada, New Zealand and Australia to uniquely identify the location of past court cases in special series of books called reporters. ... Year 1914 (MCMXIV) was a common year starting on Thursday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Wednesday of the 13-day-slower Julian calendar). ... Court citation is a standard system used in common law countries such as the United States, United Kingdom, Canada, New Zealand and Australia to uniquely identify the location of past court cases in special series of books called reporters. ... Year 1920 (MCMXX) was a leap year starting on Thursday (link will display 1920) of the Gregorian calendar. ... Court citation is a standard system used in common law countries such as the United States, United Kingdom, Canada, New Zealand and Australia to uniquely identify the location of past court cases in special series of books called reporters. ... Year 1939 (MCMXXXIX) was a common year starting on Sunday (link will display the full calendar) of the Gregorian calendar. ... Fruit of the poisonous tree is a legal term in the United States used to describe evidence gathered with the aid of information obtained illegally. ... Police officers in South Australia A police officer (or policeman/policewoman) is a warranted worker of a police force. ... Holding The Fourteenth Amendment does not require that evidence obtained in violation of the Fourth Amendment be excluded from use by the states in criminal prosecutions. ... Court citation is a standard system used in common law countries such as the United States, United Kingdom, Canada, New Zealand and Australia to uniquely identify the location of past court cases in special series of books called reporters. ... Year 1949 (MCMXLIX) was a common year starting on Saturday (link will display the full calendar) of the Gregorian calendar. ... Incorporation of the Bill of Rights is the legal doctrine by which portions of the U.S. Bill of Rights are applied to the states through the Due Process Clause of the Fourteenth Amendment. ... Template:SCOTUSCase dad u ruleMapp v. ... Court citation is a standard system used in common law countries such as the United States, United Kingdom, Canada, New Zealand and Australia to uniquely identify the location of past court cases in special series of books called reporters. ... Year 1961 (MCMLXI) was a common year starting on Sunday (link will display full calendar) of the Gregorian calendar. ... The supreme court functions as a court of last resort whose rulings cannot be challenged, in some countries, provinces and states. ...


Exceptions to the exclusionary rule

As with most legal rules, there are a number of exceptions. In United States v. Leon, 468 U.S. 897 (1984), the Supreme Court applied the "good faith" rule and held that evidence seized by officers objectively and in good faith relying on a warrant later found to be defective was still admissible. The evidence would still be excluded if an officer dishonestly or recklessly prepares an affidavit forming the basis at the warrant, if the issuing magistrate abandons his neutrality, or if the warrant lacks sufficient particularity. The Leon case applies only to search warrants. It remains unclear whether the "good faith" exception applies to warrantless seizures in other contexts. On January 8, 1974, the Supreme Court ruled that grand juries may use allegedly illegally obtained evidence in questioning witnesses because, to hold otherwise, would interfere with grand jury independence and the place to contest the illegal search is after the accused is charged. United States v. Calandra, 414 U.S. 338.[43] This article is about law in society. ... The Politics series Politics Portal This box:      The rule of law, in its most basic form, is the principle that no one is above the law. ... Exception may refer to: An action that is not part of normal operations or standards. ... United States v. ... Court citation is a standard system used in common law countries such as the United States, United Kingdom, Canada, New Zealand and Australia to uniquely identify the location of past court cases in special series of books called reporters. ... This article is about the year. ... is the 8th day of the year in the Gregorian calendar. ... Year 1974 (MCMLXXIV) was a common year starting on Tuesday (link will display full calendar) of the 1974 Gregorian calendar. ... In the American common law legal system, a grand jury is a type of jury which determines if there is enough evidence for a trial. ... Court citation is a standard system used in common law countries such as the United States, United Kingdom, Canada, New Zealand and Australia to uniquely identify the location of past court cases in special series of books called reporters. ...


The Supreme Court has held the rule does not apply in certain situations: (1) probation or parole revocation hearings; (2) tax hearings; (3) deportation hearings; (4) when government officials illegally seize evidence outside the United States; (5) when a "private actor" (i.e., not a governmental employee) illegally seized the evidence; or (6) when the illegally seized evidence is used to impeach the defendant's testimony. Furthermore, 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 the rights of a third party. For example, a mere passenger in a car has 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. If he is a passenger in his own car, however, he would have standing to challenge the search of the car.


Closely related to the exclusionary rule is the "fruit of the poisonous tree" doctrine, under which the government is prohibited from introducing any evidence that was obtained subsequent to and as a result of the illegal search. Fruit of the poisonous tree is a legal term in the United States used to describe evidence gathered with the aid of information obtained illegally. ...


In any event, whether a search or seizure is "unreasonable", and therefore unconstitutional, can entail complex analysis of common law precedent and the facts of the case. Additionally, as searches and seizures are distinct activities, the constitutionality of a search is analyzed differently than a seizure. This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... This article is about the legal term. ... For the trade organisation, see Federation Against Copyright Theft. ... A legal case is a dispute between opposing parties resolved by a court, or by some equivalent legal process. ... Two or more things are distinct if no two of them are the same thing. ... Constitutionality is the status of a law, a procedure, or an acts accordance with the laws or guidelines set forth in the applicable constitution. ...


Exceptions to the warrant requirement

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


Plain view doctrine

Main article: Plain view doctrine

If an officer is lawfully present, they may search and seize objects that are in "plain view". Before the seizure, however, the officers must have probable cause to believe that the objects are contraband. The plain view doctrine allows an officer to seize without a warrant, evidence and contraband found in plain view during a lawful observation. ...


Open fields doctrine

Main article: Open fields doctrine

Similarly, "open fields"—pastures, open water, woods and other such areas—may be searched without a warrant, on the basis that the individuals conducting activities therein had no reasonable expectations of privacy. Contrary to its apparent meaning, the "open fields" doctrine has been expanded to include almost any open space other than the land immediately surrounding a domicile. For instance, 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 Supreme Court ruled that no search had taken place. The Open Fields Doctrine is a U.S. legal doctrine created judicially for purposes of evaluating claims of an unreasonable search by the government in violaiton of the Fourth Amendment of the U.S. Constitution. ... REDIRECTTemplate:Cleanup Oliver v. ... Court citation is a standard system used in common law countries such as the United States, United Kingdom, Canada, New Zealand and Australia to uniquely identify the location of past court cases in special series of books called reporters. ... This article is about the year. ...


The open fields doctrine was first articulated by the U.S. Supreme Court in Hester v. United States,[44] 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."[45] This opinion appears to be decided on the basis that "open fields are not a 'constitutionally protected area' because they cannot be construed as "persons, houses, papers, [or] effects." The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... The Fourth Amendment may refer to the: Fourth Amendment to the United States Constitution - part of the Bill of Rights, it guards against unreasonable searches and seizures. ...


This method of reasoning gave way with the arrival of the landmark case[20] which established a two-part test for what constitutes a search within the meaning of the Fourth Amendment. The relevant criteria are "first that a person have exhibited an actual (subjective) expectation of privacy and, second, that the expectation be one that society is prepared to recognize as reasonable."[20] Under this “new” analysis of the Fourth Amendment, privacy expectations deemed unreasonable by society cannot be validated by any steps taken by the defendant to shield the area from view. Please wikify (format) this article as suggested in the Guide to layout and the Manual of Style. ...


In Oliver v. United States,[46] the Supreme Court held that a privacy expectation regarding an open field is unreasonable:

…open fields do not provide the setting for those intimate activities that the Amendment is intended to shelter from government interference or surveillance. There is no societal interest in protecting the privacy of those activities, such as the cultivation of crops, that occur in open fields.[47]

Distinguishing open fields from curtilage

While open fields are not protected by the Fourth Amendment, the curtilage, or outdoor area immediately surrounding the home, is. 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. Curtilage is a legal term describing the enclosed area of land around a dwelling. ...


An area is curtilage if it "harbors the intimate activity associated with the sanctity of a man's home and the privacies of life."[48] 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."[49] 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.[50][51][52] It is possible that the area immediately surrounding a tent (or any structure used as a home) might be considered curtilage.


Despite this rather broad interpretation of curtilage, 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).[53]


Exigent circumstances

There are also "exigent circumstances" exceptions to the warrant requirement. Exigent circumstances arise when the law enforcement officers have reasonable grounds to believe that there is an immediate need to protect their lives or others or 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.[54]


Motor vehicle exception

The Supreme Court has 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. Vehicles may not be randomly stopped and searched; there must be probable cause or reasonable suspicion of criminal activity. Items in "plain view" may be seized; areas that could potentially hide weapons may also be searched. With probable cause, police officers may search any area in the vehicle. They may not, however, 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. The motor vehicle exception was first established by the the United States Supreme Court in 1925, in Carroll v. ... The plain view doctrine allows an officer to seize without a warrant, evidence and contraband found in plain view during a lawful observation. ...


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. The justification for such a search is that the arrested individual must be prevented from destroying evidence or using a weapon against the arresting officer. 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. 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." 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. The decision suggested that any area within the "immediate control" of the arrestee could be searched, but it did not define the term. In deciding Chimel v. California, 395 U.S. 752 (1969), the Supreme Court elucidated its previous decisions. It held that when an arrest is made, it is reasonable for the officer to search the arrestee for weapons and evidence. In the United States citizens are protected by the Fourth Amendment to the United States Constitution against unreasonable search and seizure. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... In the United States citizens are protected by the Fourth Amendment to the United States Constitution against unreasonable search and seizure. ... Court citation is a standard system used in common law countries such as the United States, United Kingdom, Canada, New Zealand and Australia to uniquely identify the location of past court cases in special series of books called reporters. ... Year 1948 (MCMXLVIII) was a leap year starting on Thursday (link will display the 1948 calendar) of the Gregorian calendar. ... Court citation is a standard system used in common law countries such as the United States, United Kingdom, Canada, New Zealand and Australia to uniquely identify the location of past court cases in special series of books called reporters. ... Year 1950 (MCML) was a common year starting on Sunday (link will display the full calendar) of the Gregorian calendar. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... Court citation is a standard system used in common law countries such as the United States, United Kingdom, Canada, New Zealand and Australia to uniquely identify the location of past court cases in special series of books called reporters. ... Also: 1969 (number) 1969 (movie) 1969 (Stargate SG-1) episode. ...


Similarly, it was held that it is 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. 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.


Border search exception

Main article: 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. see United States v. Flores-Montano, 541 U.S. 149 (2004)); United States v. Montoya de Hernandez, 473 U.S. 531 (1985); United States v. Ramsey, 431 U.S. 606 (1977). Most border searches may be conducted entirely at random, without any level of suspicion, pursuant to Customs' plenary search authority. However, searches that intrude upon traveler's personal dignity and privacy interests, including strip and body cavity searches must be supported by 'reasonable suspicion.' See Flores-Montano, 541 U.S. at 152-53. One issue currently pending before federal courts is whether the search of the information on a traveler's electronic materials, including personal files on a laptop computer, may be searched at random, without suspicion. Compare, United States v. Ickes, 393 F.3d 501 (4th Cir. 2005)(a laptop's information is cargo within the meaning of customs statutes) with United States v. Arnold, 454 F. Supp. 2d 999, 1003-04 (N.D. Cal. 2006)(a laptops search requires suspicion because it is highly intrusive), appeal docketed, No. 06-50581 (9th Cir. June 13, 2007). The border search exception is a doctrine of United States criminal law that exempts searches of travelers and their property from the Fourth Amendment warrant requirement. ... Holding At the international border, the Fourth Amendment does not require reasonable suspicion for customs agents to remove the gas tank from a vehicle entering the United States in order to check for drugs. ... Year 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ... United States v. ... This article is about the year. ... Also: 1977 (album) by Ash. ...


Miscellaneous exceptions

It has been held that searches in public schools do not require warrants, however there has to be reasonable belief. (See New Jersey v. T. L. O., 468 U.S. 325 (1985)). It is merely necessary that the searching officers have reasonable grounds for believing that the search will result in the finding of evidence of illegal activity. The term public school has three distinct meanings: In the USA and Canada, elementary or secondary school supported and administered by state and local officials. ... Holding School officials are State agents when enforcing disciplinary rules mandated by law. ... Court citation is a standard system used in common law countries such as the United States, United Kingdom, Canada, New Zealand and Australia to uniquely identify the location of past court cases in special series of books called reporters. ... This article is about the year. ...


Similarly, government offices may be searched for evidence of work-related misconduct by government employees on similar grounds. Searches of prison cells are subject to no restraints relating to reasonableness or probable cause or searches undertaken as a condition of parole (see Samson v. California, 546 U.S. __ (2006). Holding The Fourth Amendment does not prohibit a police officer from conducting a suspicionless search of a parolee. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ...


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.


In a memo dated March 14, 2003, an official in the Bush administration stated "... our Office recently concluded that the Fourth Amendment had no application to domestic military operations". This memo seems to indicate that the Bush administration believes that any search or surveillance conducted by the NSA is immune from a Fourth Amendment challenge.[55] NSA can stand for: National Security Agency of the USA The British Librarys National Sound Archive This page concerning a three-letter acronym or abbreviation is a disambiguation page — a navigational aid which lists other pages that might otherwise share the same title. ...


The Internet, computers, and privacy

In the last decade courts have had to determine whether law enforcement officials can access evidence of illegal activity stored on digital technology without encroaching on a person's Fourth Amendment rights.


Many cases discuss whether a private employee (i.e., not a government employee) who stores incriminating evidence in workplace computers is protected by the Fourth Amendment's reasonable expectation of privacy standard in a criminal proceeding. However, these cases do not appear to produce a uniform and consistent standard of law. Most case law holds that employees do not have a reasonable expectation of privacy when it comes to their work related electronic communications.[56] However, one federal court held that employees can assert the attorney-client privilege with respect to certain communications on company laptops.[57]


Another recent federal case discussed this topic. On January 30, 2007, the Ninth Circuit court in US v. Ziegler, reversed its earlier August 2006 decision upon a petition for rehearing. In contrast to the earlier decision, the Court acknowledged that an employee has a right to privacy in his workplace computer. However, the Court also found that an employer can consent to any illegal searches and seizures.[58] In Ziegler, an employee had accessed child pornography websites from his workplace. His employer noticed his activities, made copies of the hard drive, and gave the FBI the employee's computer. At his criminal trial, Ziegler filed a motion to suppress the evidence because he argued that the government violated his Fourth Amendment rights. The Ninth Circuit allowed the lower court to admit the child pornography evidence. After reviewing 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. That Court also found that his employer could consent to a government search of the computer, and that did not violate Ziegler's Fourth Amendment rights. is the 30th day of the year in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ...


A New Jersey appellate court has also issued an opinion on the privacy rights of computer users. That court held that computer users can expect that the personal information they give their internet service providers are considered private.[59] In that case, prosecutors asserted that Shirley Reid broke into her employer’s computer system and changed its shipping address and password for suppliers. The police discovered her identity after getting a subpoena to the internet provider, Comcast Internet Service. The lower court suppressed information from the internet service provider that linked Reid with the crime. The New Jersey appellate court agreed with this decision. Although this case does not directly discuss the Fourth Amendment, it illustrates that some states are providing more privacy protection to computer users than the federal courts. It also illustrates that case law on privacy in workplace computers is still evolving. Comcast Corporation (NASDAQ: CMCSA) is the largest cable television company and the second largest Internet service provider in the United States. ...


Important cases

Exclusionary Rule

Privacy Holding The warrantless seizure of documents from a private home violated the Fourth Amendment prohibition against unreasonable searches and seizures, and evidence obtained in this manner is excluded from use in federal criminal prosecutions. ... Holding The Fourteenth Amendment does not require that evidence obtained in violation of the Fourth Amendment be excluded from use by the states in criminal prosecutions. ... Template:SCOTUSCase dad u ruleMapp v. ... United States v. ...

Probable Cause Olmstead v. ... Holding The Court extended the Fourth Amendment protection from unreasonable searches and seizures to protect individuals in a telephone booth from wiretaps by authorities without a warrant. ... California v. ... In the 1989 Supreme Court case, a Florida county sheriff received a tip that the Riley was growing marijuana in his backyard. ... In Danny Lee Kyllo v. ... Holding A violation of the knock-and-announce rule by police does not require the suppression of the evidence found during a search. ...

Search Warrants The Aguilar-Spinelli test was a judicial guideline set down by the Supreme Court of the United States for evaluating the validity of a search warrant based on information by provided by a confidential informant or an anonymous tip. ... Illinois v. ...

  • Franks v. Delaware (1979)
  • Maryland v. Garrison (1987)
  • Richards v. Wisconsin (1997)
  • Groh v. Ramirez (2004)

Arrest and Search of a Person Without a Warrant Maryland v. ...

Search of and Seizure from a Residence Without a Warrant Holding Law enforcement officers pursuing an unarmed suspect may only use deadly force to prevent escape or and the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others. ... Holding Police may make a warrantless arrest when someone commits a misdemeanor offense Court membership Case opinions Laws applied U.S. Const. ...

Search and Seizure of Vehicles and Containers Without a Warrant To meet Wikipedias quality standards, this article or section may require cleanup. ... Payton v. ...

Stop and Frisk There are very few or no other articles that link to this one. ... Case opinions United States v. ... Holding A law enforcement officer may not search a persons vehicle without their consent when they are not in custody once they have been cited without violating the Fourth Amendment prohibition on unreasonable searches and seizures. ...

Border Searches Holding Law enforcement officers may stop and frisk someone for weapons if they have a reasonable suspicion that a crime has taken or is about to take place and the subject is armed and dangerous without violating the Fourth Amendment prohibition on unreasonable searches and seizures. ... A somewhat obscure case dealing with issues involving the Fourth Amendment. ... Michigan v. ... Holdings Police may temporarily seize suspicious luggage if they have a reasonable, articulable suspicion that it contains narcotics. ... Florida v. ... Illinois v. ... Holding A Nevada law requiring suspects to identify themselves during investigative stops by law enforcement officers did not violate the Fourth or Fifth Amendments. ...

  • United States v. Montoya de Hernandez, 473 U.S. 531 (1985)
  • United States v. Ramsey, 431 U.S. 606 (1977)
  • United States v. Flores-Montano, 541 U.S. 149 (2004)
  • United States v. Thirty-Seven Photographs, 402 U.S. 363(1971)

United States v. ... Holding At the international border, the Fourth Amendment does not require reasonable suspicion for customs agents to remove the gas tank from a vehicle entering the United States in order to check for drugs. ...

Notes

  1. ^ Mapp v. Ohio, 367 U.S. 643 (1961)
  2. ^ Lasson (1937), pp. 35-37
  3. ^ Lasson (1937), pp. 43-47
  4. ^ W. Cuddihy, The Fourth Amendment: Origins and Original Meaning (1990) (Ph.D. Dissertation at Claremont Graduate School)
  5. ^ Davies (1999)
  6. ^ Lasson (1937), pp. 57-61
  7. ^ Lasson (1937), p. 66
  8. ^ 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, p. 59. 
  9. ^ Levy (1995), p. 161
  10. ^ Article X of the Virginia Declaration of Rights, Levy (1995), p. 161
  11. ^ Levy (1995), pp. 162-164
  12. ^ 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).
  13. ^ Mapp v. Ohio, 367 U.S. 643, 655, 81 S.Ct. 1684, 6 L.Ed.2d 1081 (1961).
  14. ^ For an example, see Article 1, § 7 of the Tennessee Constitution.
  15. ^ 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")
  16. ^ Devenpeck v. Alford, 543 U.S. 146 (2004)
  17. ^ Tennessee v. Garner, 471 U.S. 1 (1985)
  18. ^ Lasson (1937), p. 107
  19. ^ Lasson (1937), p. 106
  20. ^ a b c Katz v. United States, 389 U.S. 347; 88 S. Ct. 507; 19 L. Ed. 2d 576 (1967)
  21. ^ California v. Greenwood, 486 U.S. 35; 108 S.Ct. 1625, 100 L.Ed.2d 30 (1988).
  22. ^ Smith v. Maryland, 442 U.S. 735, 99 S.Ct. 2577, 61 L.Ed.2d 220 (1979).
  23. ^ Florida v. Riley, 488 U.S. 445, 109 S.Ct. 693, 102 L.Ed.2d 835 (1989).
  24. ^ Ex parte Jackson (1877) 96 U.S. 727;
  25. ^ Burdick, Charles K. Burdick, Francis Marion Burdick (1987). The Law of the American Constitution: Its Origin and Development. Wm. S. Hein Publishing, p. 341. 
  26. ^ Carroll v. United States, 267 U.S. 132, 162, 45 S.Ct. 280, 288, 69 L.Ed. 543 (1925)
  27. ^ Texas v. Brown, 460 U.S. 730, 742, 103 S.Ct. 1535, 1543 (1983)
  28. ^ a b c Terry v. Ohio, 392 U.S. 1; 88 S. Ct. 1868; 20 L. Ed. 2d 889 (1968)
  29. ^ Soldal v. Cook County, 506 U.S. 56, 61, 113 S.Ct. 538, 543 (1992).
  30. ^ Dunaway v. New York, 442 U.S. 200, 210 n. 12, 99 S.Ct. 2248, 2255 n. 12, 60 L.Ed.2d 824 (1979)
  31. ^ a b c United States v. Mendenhall, 446 U.S. 544, 100 S.Ct. 1870 (1980).
  32. ^ a b Knowles v. Iowa, 525 U.S. 113, 117, 119 S.Ct. 484, 488 (1998).
  33. ^ Ruling about police requesting identification during a traffic stop.
  34. ^ AP article on the case.
  35. ^ Virginia v. Moore
  36. ^ See, e.g., Tennessee Code Annotated § 40-7-109 (2003)
  37. ^ Beck v. Ohio, 379 U.S. 89, 91, 85 S.Ct. 223, 225 (1964).
  38. ^ Johnson v. United States, 333 U.S. 10, 92 L.Ed 436, 68 S.Ct 367 (1948).
  39. ^ Florida v. Royer, 460 U.S. 491, 497-98, 103 S.Ct. 1319, 1324 (1983).
  40. ^ Maryland v. Dyson, 527 U.S. 465, 119 S. Ct. 2013, 144 L. Ed. 2d 442 (1999)
  41. ^ Andrews v. Fuoss, 417 F.3d 813 (8th Cir. 2005).
  42. ^ Flippo v. West Virginia, 528 U.S. 11, 120 S. Ct. 7, 145 L. Ed. 2d 16 (1999); California v. Acevedo, 500 U.S. 565, 111 S. Ct. 1982, 114 L. Ed. 2d 619 (1991).
  43. ^ United States v. Calandra, Supreme Court Collection, Legal Information Institute, Cornell Law School
  44. ^ Hester v. U.S., 265 U.S. 57 (1924)
  45. ^ Hester v. U.S., 265 U.S. 57, 57 (1924)
  46. ^ Oliver v. U.S., 466 U.S. 170 (1984)
  47. ^ Oliver v. U.S., 466 U.S. 170, 179 (1984)
  48. ^ United States v. Dunn, 480 U.S. 294, 300 (1987)
  49. ^ United States v. Dunn, 480 U.S. 294, 301 (1987)
  50. ^ United States v. Gooch, 6 F.3d 673 (9th Cir. 1993)
  51. ^ LaDuke v. Nelson, 762 F.2d 1318 (9th Cir. 1985)
  52. ^ LaDuke v. Castillo, 455 F.Supp. (E.D. Wash. 1978)
  53. ^ U.S. v. Hatch, 931 F.2d 1478 (11th Cir.), cert. denied, 502 U.S. 883 (1991)
  54. ^ United States v. Smith, 797 F.2d 836, 840 (10th Cir.1986)
  55. ^ Administration Asserts No Fourth Amendment for Domestic Military Operations. Retrieved on 2008-04-03.
  56. ^ See, e.g. US v. Simons, 206 F.3d 392, 398 (4th Cir., Feb. 28, 2000).
  57. ^ See Curto v. Medical World Comm., No. 03CV6327, 2006 U.S. Dist. LEXIS 29387 (E.D.N.Y. May 15, 2006).
  58. ^ See US v. Ziegler, ___F.3d 1077 (9th Cir. Jan. 30, 2007, No. 05-30177). [1] Cf. US v. Ziegler, 456 F.3d 1138 (9th Cir. 2006).
  59. ^ State v. Reid 2007 N.J. Super. LEXIS 11 (January 22, 2007).[2].

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References

  • Davies, Thomas Y. (1999). "Recovering the Original Fourth Amendment". Michigan Law Review 98: 547. 
  • Kilman, Johnny and George Costello (Eds) (2000). The Constitution of the United States of America: Analysis and Interpretation. GPO.
  • Lasson, Nelson B. (1937). The History and Development of the Fourth Amendment to the United States Constitution. Johns Hopkins Press. 
  • Levy, Leonard Williams (1995). Seasoned Judgments: The American Constitution, Rights, and History. Transaction Publishers. 
  • Ducat, Craig R. and Harold W. Chase (Eds) (1992). Constitutional Interpretation (5th Ed.). West Publishing Company, 797-818. 

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Subpoena Duces Tecum (Latin for: bring with under penalty of punishment). ... A subpoena ad testificandum is a court summons to appear and give oral testimony for use at a hearing or trial. ...

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Wikisource has original text related to this article: The United States Constitution The United States Constitution is the supreme law of the United States of America. ... The United States Constitution was written in 1787, adopted in 1788, and took effect in 1789, replacing the Articles of Confederation. ... The Articles of Confederation and Perpetual Union, commonly known as the Articles of Confederation, was the first governing document, or constitution, of the United States of America. ... The Mount Vernon Conference was a meeting of delegates from Virginia and Maryland at George Washingtons home at Mount Vernon, Virginia in March 1785. ... The Annapolis Convention was a meeting at Annapolis, Maryland of 12 delegates from five states (New Jersey, New York, Pennsylvania, Delaware, and Virginia) that called for a constitutional convention. ... Scene at the Signing of the Constitution of the United States, by Howard Chandler Christy. ... A proposal by Virginia delegates during the Philadelphia Convention of 1787, the Virginia Plan (also known as the Large State Plan) was notable for its role in setting the overall agenda for debate in the convention and, in particular, for setting forth the idea of population-weighted representation in the... The New Jersey Plan was a proposal for the structure of the United States Government proposed by William Paterson on June 15, 1787. ... The Connecticut Compromise, also known as the Great Compromise, was an essential agreement between large and small states reached during the Philadelphia Convention of 1787 that in part defined the legislative structure and representation that each state would have under the United States Constitution. ... The three-fifths compromise was a compromise between Southern and Northern states reached during the Philadelphia Convention of 1787 in which three-fifths of the population of slaves would be counted for enumeration purposes regarding both the distribution of taxes and the apportionment of the members of the United States... Scene at the Signing of the Constitution of the United States, by Howard Chandler Christy. ... An advertisement for The Federalist The Federalist Papers are a series of 85 articles arguing for the ratification of the United States Constitution. ... This is a listing of the Federalist Papers. ... This article is being considered for deletion in accordance with Wikipedias deletion policy. ... Wikisource has original text related to this article: Preamble to the United States Constitution The Preamble to the United States Constitution is a brief introductory statement of the fundamental purposes and guiding principles which the Constitution itself was meant to serve. ... Wikisource has original text related to this article: Article One of the United States Constitution Article One of the United States Constitution describes the powers of the legislative branch of the United States government, known as Congress, which includes the House of Representatives and the Senate. ... Wikisource has original text related to this article: Article Two of the United States Constitution Article Two of the United States Constitution creates the executive branch of the government, comprising the President and other executive officers. ... Wikisource has original text related to this article: Article Three of the United States Constitution Article Three of the United States Constitution establishes the judicial branch of the federal government. ... Article Four of the United States Constitution relates to the states. ... Article Five of the United States Constitution describes the process whereby the Constitution may be altered. ... Article Six establishes the United States Constitution and the laws and treaties of the United States made in accordance with it as the supreme law of the land, and fulfills other purposes. ... Article Seven of the United States Constitution describes the process by which the entire document is to be ratified and take effect. ... The United States Bill of Rights consists of the first 10 amendments to the United States Constitution. ... The first ten amendments to the United States Constitution are known as the Bill of Rights. ... This is an incomplete list of proposed amendments to the United States Constitution, in reverse chronological order. ... The United States Constitution has been amended on 18 occasions—with a total of 27 individual successful amendments—since the Constitution was completed in 1787. ... The history of the Convention as a means of altering the fundamental law of a nation is documented in Prelude to the Grand Convention, the first chapter of a well researched book published in 1988 by Oxford University Press. ... Besides the more common method, Article V establishes the possibility of conventions within the individual states to ratify an amendment to the United States Constitution. ... Article II, Section 2, Clause 2 of the United States Constitution, known as the Appointments Clause, empowers the President of the United States to appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, while granting the United States Congress... The Appropriations Clause[1] or Statement and Account Clause refers to a provision of Article I, Section 9, Clause 7, that provides Congress with the power to control the spending of the federal government and requires that records of expenditures be made. ... The case or controversy clause of Article III of the United States Constitution has been deemed to impose a requirement that United States federal courts are not permitted to hear cases that do not pose an actual controversy - that is, an actual dispute between adverse parties which is capable of... The citizenship clause (also known as the naturalization clause[1]) refers to a provision, in the Fourteenth Amendment to the United States Constitution at section one, clause 1. ... Article I, Section 8, Clause 3 of the United States Constitution, known as the Commerce Clause, states that Congress has the exclusive authority to manage trade activities between the states and with foreign nations and Indian tribes. ... The compact clause refers to a provision, in Article One of the United States Constitution at section ten, clause 3, that forbids states from entering into alliances with other states or with foreign governments. ... The Confrontation Clause of Sixth Amendment to the United States Constitution provides in relevant part: In all criminal prosecutions, the accused shall enjoy the right to . ... This article or section is in need of attention from an expert on the subject. ... Article I, Section 8, Clause 8 of the United States Constitution, known as the Copyright Clause empowers the United States Congress: To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. ... In United States law, adopted from English Law, due process (more fully due process of law) is the principle that the government must respect all of a persons legal rights instead of just some or most of those legal rights when the government deprives a person of life, liberty... The Emolument clause refers to a provision in Article One of the United States Constitution at section nine, clause 8, that forbids the United States from granting titles of Nobility and restricts members of the government from receiving gifts from foreign states without the consent of Congress. ... Congressman John Bingham of Ohio was the principal framer of the Equal Protection Clause. ... The Establishment Clause of the First Amendment to the United States Constitution states that: Congress shall make no law respecting an establishment of religion Together with the Free Exercise Clause, (or prohibiting the free exercise thereof), these two clauses make up what are commonly known as the religion clauses. ... Article III Section 2 Clause 2 of the United States Constitution. ... An ex post facto law (from the Latin for from something done afterward) or retroactive law, is a law that retroactively changes the legal consequences of acts committed or the legal status of facts and relationships that existed prior to the enactment of the law. ... The Extradition clause or Interstate renditon clause[1] refers to a provision in Article Four of the United States Constitution at section two, clause 2, provides for the extradition of a criminal back to the state where he or she has committed a crime. ... The Free Exercise Clause of the First Amendment to the United States Constitution, taken with the Establishment Clause of the First Amendment make up the Religion Clauses. ... The Fugitive slave clause refers to a provision in Article IV, Section 2, Clause 3, that requires that slaves that escaped to another state be returned back to the owner in the state from which they escaped. ... Article IV, Section 1 of the United States Constitution, commonly known as the Full Faith and Credit Clause, addresses the duties states have to respect and enforce the judicial rulings of other states. ... Article I, Section 8, Clause 1 of the United States Constitution, known as the Taxing and Spending Clause states: The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States... The Guarantee clause refers to a provision in Article IV, Section 4, Clause 1, requires the United States to provide a republican form of government for every state. ... The impeachment trial of President Bill Clinton in 1999, Chief Justice William H. Rehnquist presiding. ... The Militia clause refers to the provision in Article I, Section 8, Clause 15, that provide Congress with the power to summon a militia. ... A natural-born citizen is a special term mentioned in the United States Constitution as a requirement for eligibility to serve as President or Vice President of the United States. ... The necessary and proper clause (also known as the elastic clause, the basket clause, the coefficient clause, and the sweeping clause [1]) refers to a provision, in Article One of the United States Constitution at section eight, clause 18, which addresses implied powers of Congress. ... The no religious test clause of the United States Constitution is cited by advocates of separation of church and state as an example of original intent of the Framers of the Constitution of avoiding any entanglement between church and state, or involving the government in any way as a determiner... The Origination clause refers to a provision in Article One of the United States Constitution at section seven, clause 1, that mandates all revenue raising bills originate from the House of Representatives. ... Presentment clause The Presentment clause (Article I, Section 7) is a clause in the United States Constitution that outlines how a bill may become law. ... The Privileges and Immunities Clause (U.S. Constitution, Article IV, Section 2, Clause 1, also known as the Comity Clause) prevents states from treating citizens of other states in a discriminatory manner, with regard to basic civil rights. ... This provision of the Fourteenth Amendment to the United States Constitution is unique among constitutional provisions in that some scholars believe it was all but read out of the Constitution in a 5-4 decision of the Supreme Court (see Slaughterhouse Cases of 1873). ... The Speech or Debate Clause (found in Article I, Section 6, Clause 1) is a clause in the United States Constitution which states that members of both Houses of Congress Its intended purpose is to prevent a President or other officials of the Executive branch from having members arrested on... Article VI, Paragraph 2 of the United States Constitution is known as the Supremacy Clause: The Supremacy Clause establishes the Constitution, Federal Statutes, and U.S. treaties as the supreme law of the land. ... The Suspension Clause is clause two of section nine of Article One of the United States Constitution. ... Eminent domain (U.S.), compulsory purchase (United Kingdom, New Zealand, Ireland), resumption (Australia) or expropriation (Canada, South Africa) in common law legal systems is the inherent power of the state to expropriate private property, or rights in private property, without the owners consent, either for its own use or... Article I, Section 8, Clause 1 of the United States Constitution, known as the Taxing and Spending Clause states: The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States... The Territorial Clause refers to Article IV, Section 3, paragraph 2 of United States Constitution: The interpretation of this clause gives the United States Congress the final power over every territory of the United States. ... It has been suggested that this article or section be merged with Jury. ... The three-fifths compromise was a compromise between Southern and Northern states reached during the Philadelphia Convention of 1787 in which three-fifths of the population of slaves would be counted for enumeration purposes regarding both the distribution of taxes and the apportionment of the members of the United States... The Vesting clauses refer to a provisions in Article I, Section 1; Article II, Section 1, Clause 1; and Article III, Section 1 of the United States Constitution; which vest the legislative, executive, and judicial powers in the Congress, president, and Supreme Court, respectively. ... Sometimes referred to as the War Powers Clause, the United States Constitution, Article One, Section 8, Clause 1, vests in the Congress the exclusive power to declare war. ... Constitutional theory is an area of constitutional law that focuses on the underpinnings of constitutional government in the United States. ... In the United States and many commonwelth nations, concurrent powers are powers held by both the states and the federal government and may be exercised simultaneously within the same territory and in relation to the same body of citizens. ... A number of amendments to the United States Constitution include a Congressional power of enforcement. ... For other uses, see Double jeopardy (disambiguation). ... The Dormant Commerce Clause, also known as the Negative Commerce Clause, is a legal doctrine that courts in the United States have implied from the Commerce Clause of the United States Constitution. ... The enumerated powers are a list of specific responsibilities found in Article 1 Section 8 of the United States Constitution, which enumerate the authority granted to the United States Congress. ... This article does not cite any references or sources. ... Incorporation of the Bill of Rights is the legal doctrine by which portions of the U.S. Bill of Rights are applied to the states through the Due Process Clause of the Fourteenth Amendment. ... This article needs to be cleaned up to conform to a higher standard of quality. ... Wikisource has original text related to this article: Preamble to the United States Constitution The Preamble to the United States Constitution is a brief introductory statement of the fundamental purposes and guiding principles which the Constitution itself was meant to serve. ... This article is about the power of federal law in the United States. ... The separation of church and state is a legal and political principle derived from the First Amendment to the United States Constitution, which reads, Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . ... theSeparation of powers is a political doctrine under which the legislative, executive and judicial branches of government are kept distinct, to prevent abuse of power. ...

 
 

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