what amendment is search and seizure

what amendment is search and seizure

1 year ago 50
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The Fourth Amendment of the United States Constitution protects people from unreasonable searches and seizures by the government. The amendment states 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". The Fourth Amendment aims to protect peoples right to privacy and freedom from unreasonable intrusions by the government. However, it does not guarantee protection from all searches and seizures, but only those that are deemed unreasonable under the law. The extent to which an individual is protected by the Fourth Amendment depends, in part, on the location of the search or seizure. For example, searches and seizures inside a home without a warrant are presumptively unreasonable. However, there are some exceptions to this rule, such as if an officer is given consent to search, if the search is incident to a lawful arrest, if there is probable cause to search and exigent circumstances, or if the items are in plain view.

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