This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
The Fourth Amendment is very brief. Despite its importance, it's only one sentence long. It has two clauses: the "unreasonable search and seizure" clause and the "warrants" clause.
The Fourth Amendment protects a person from search an seizure if under the circumstances, he has a justifiable expectation of privacy, regardless of whether an actual physical trespass occured.
Writing for the majority, Justice Potter Stewart wrote that the Fourth Amendment "protects people, not places." Therefore, whatever a person "knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection." Justice Stewart continued by writing that "what he seeks to ...
Other well-established exceptions to the warrant requirement include consensual searches, certain brief investigatory stops, searches incident to a valid arrest, and seizures of items in plain view.
First Amendment: freedom of religion, freedom of speech, freedom of the press, and freedom of assembly. Second Amendment: the right of the people to keep and bear arms. Third Amendment: restricts housing soldiers in private homes. Fourth Amendment: protects against unreasonable search and seizure.
The Fourth Amendment states that “no warrants shall issue, but upon probable cause.” This means that any search and seizure conducted without a warrant has the potential to be unconstitutional.