1answer.
Ask question
Login Signup
Ask question
All categories
  • English
  • Mathematics
  • Social Studies
  • Business
  • History
  • Health
  • Geography
  • Biology
  • Physics
  • Chemistry
  • Computers and Technology
  • Arts
  • World Languages
  • Spanish
  • French
  • German
  • Advanced Placement (AP)
  • SAT
  • Medicine
  • Law
  • Engineering
Y_Kistochka [10]
3 years ago
5

How does the Fourth Amendment protect individuals from unreasonable searches and seizures by the police? When are there exceptio

ns to this rule?
*must be a minimum of 200 words as a response*
Law
1 answer:
sammy [17]3 years ago
8 0

INTERESTS PROTECTED

The Fourth Amendment of the U.S. Constitution provides 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 ultimate goal of this provision is to protect people’s right to privacy and freedom from unreasonable intrusions by the government. However, the Fourth Amendment does not guarantee protection from all searches and seizures, but only those done by the government and deemed unreasonable under the law. To claim violation of Fourth Amendment as the basis for suppressing a relevant evidence, the court had long required that the claimant must prove that he himself was the victim of an invasion of privacy to have a valid standing to claim protection under the Fourth Amendment. However, the Supreme Court has departed from such requirement, issue of exclusion is to be determined solely upon a resolution of the substantive question whether the claimant's Fourth Amendment rights have been violated, which in turn requires that the claimant demonstrates a justifiable expectation of privacy, which was arbitrarily violated by the government. In general, most warrantless searches of private premises are prohibited under the Fourth Amendment, unless specific exception applies. For instance, a warrantless search may be lawful, if an officer has asked and is given consent to search; if the search is incident to a lawful arrest; if there is probable cause to search and there is exigent circumstance calling for the warrantless search. Exigent circumstances exist in situations where a situation where people are in imminent danger, where evidence faces imminent destruction, or prior to a suspect's imminent escape. On the other hand, warrantless search and seizure of properties are not illegal, if the objects being searched are in plain view. Further, warrantless seizure of abandoned property, or of properties on an open field do not violate Fourth Amendment, because it is considered that having expectation of privacy right to an abandoned property or to properties on an open field is not reasonable. However, in some states, there are some exception to this limitation, where some state authorities have granted protection to open fields. States can always establish higher standards for searches and seizures protection than what is required by the Fourth Amendment, but states cannot allow conducts that violate the Fourth Amendment. Where there was a violation of one’s fourth amendment rights by federal officials, A bivens action can be filed against federal law enforcement officials for damages, resulting from an unlawful search and seizure. Under the Bivens action, the claimant needs to prove that there has been a constitutional violation of the fourth amendment rights by federal officials acting under the color of law. However, the protection under the Fourth Amendment can be waived if one voluntarily consents to or does not object to evidence collected during a warrantless search or seizure.

You might be interested in
This one of my favriot memes, whats yours?
Eduardwww [97]

Explanation:

This speaks for itself, and I don't know what the first one was.

4 0
2 years ago
Read 2 more answers
When considering indeterminate sentencing,
otez555 [7]

Answer:

Indeterminate sentencing is a system of sentencing in which there is more flexibility in deciding what an individual's sentence will be. Usually, the sentence is given in the form of a range, with a minimum and maximum amount of time to be served.

Explanation:

I hope this helps but you could've googled what is considered in indeterminate sentencing and what ever wasn't included is your answer

You're welcome though!

3 0
3 years ago
if a cop proceeds to pull me over for going over the speed limit and ask “Sir, do you know how fast you were going”, do i then h
nirvana33 [79]
I would reply with “no sir how fast was I going” so that it can not be used against you in court you have to remember anything you say and do can and will be used against you in a court of law in court you would want to ask for what proof he has that you were speeding
6 0
3 years ago
How many shark attacks have been heard in a year
strojnjashka [21]

Answer:

hey love! hope this helps!

On average, there are 16 shark bite incidents per year in the United States with one fatality every two years. Despite these reports, however, the actual number of fatal shark bites worldwide remains uncertain.

4 0
3 years ago
Read 2 more answers
In Hamdan v. Rumsfeld , the U.S. Supreme Court held that detainees in Guantanamo:____.
Lera25 [3.4K]

Answer:

c

Explanation:

4 0
3 years ago
Other questions:
  • As a result of the chestnut blight epidemic___________. 1. all of the others 2. the Plant Quarantine Act was passed 3. the peopl
    9·1 answer
  • Judiciary is controlled by​
    11·2 answers
  • Can someone help me?!?!?! This is due in 15 minutes!!!!!!!!!!!!!! (Will mark Brainliest!)
    7·2 answers
  • The diagram above identifies the steps in becoming a U.S. citizen. Which of the following best completes the diagram?
    8·1 answer
  • Por que los derechos humanos son imprescriptibles​
    9·1 answer
  • Brown just vented what do I do?
    9·1 answer
  • Please help
    9·2 answers
  • If you have been punished or discriminated against for using your rights, how long do you have to file a complaint with OSHA?
    10·1 answer
  • A man has been rushed to the emergency room because he is suffering extreme chest pain. The doctors begin working on him immedia
    10·1 answer
  • Who has the power in the united states to declare war?.
    5·1 answer
Add answer
Login
Not registered? Fast signup
Signup
Login Signup
Ask question!