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4th Amendment Simplified In Bronx
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Multi-State
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Bronx
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US-000280
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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 ...
The Fourth Amendment specifically mentions "houses" as a place where person have a right "to be secure against unreasonable searches and seizures." Supreme Court cases applying the Fourth Amendment to searches in or near the home are far too numerous and diverse to be discussed here.
Because this case was the rallying banner for what would eventually become the Fourth Amendment, it only makes sense that the term “houses” would be interpreted to include businesses as well as homes.
This includes: personal letters, diaries, wills, business documents, and receipts. Personal files contained on a computer are also protected. However, it should be noted that the Fourth Amendment does allow the government to seize papers provided they obtain a court-issued warrant.
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.
Our Fourth Amendment rights prohibit unreasonable searches and seizures of “persons, houses, papers and effects.” That last term, “effects,” means personal possessions, which includes cell phones, computers, vehicles, and every other article of moveable property.
The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law.
Change or addition to a law is called an amendment. The word usually refers to a change to the constitution of a government. In the United States there have been 27 amendments to the Constitution. Some amendments relate to how the government is run and how people are elected to public offices.
The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law.
