4th Amendment To Constitution In California
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The Fourth Amendment's Influence on Vehicle Searches in California. The Fourth Amendment requires probable cause for law enforcement to search vehicles, aiming to prevent unreasonable searches and seizures.
An amendment may be proposed by a two-thirds vote of both Houses of Congress, or, if two-thirds of the States request one, by a convention called for that purpose. The amendment must then be ratified by three-fourths of the State legislatures, or three-fourths of conventions called in each State for ratification.
Changes to California's constitution Voters may propose amendments, but not revisions, through the initiative process. The legislature, by two-thirds vote, may propose amendments or revisions for voter approval.
Amendments and revisions A constitutional amendment may be placed on the ballot by either a two-thirds vote in the California State Legislature or by signatures equal to 8% of the votes cast in the last gubernatorial election through the exercise of the initiative power by the voters.
To claim a violation of Fourth Amendment rights as the basis for suppressing relevant evidence, courts have long required that the claimant must prove that they were the victim of an invasion of privacy to have a valid standing.
That is because an amendment by voter initiative is allowed, but a revision is not. A revision can only be made through a constitutional convention or by a ballot measure placed by the Legislature. A convention also requires action by the Legislature. This is pursuant to Article 18 of the California Constitution.
The electors may amend the Constitution by initiative. To be included on the ballot a Constitutional amendment initiative requires a petition to be submitted to the Secretary of State with the certified signatures of 8-percent of the total vote for all candidates for Governor at the most recent gubernatorial election.
If the court finds that a search was conducted in violation of the Fourth Amendment, it will exclude any evidence found from the suspect's criminal case. The exclusionary rule states that the courts will exclude or prevent evidence obtained from an unreasonable search and seizure from a criminal defendant's trial.
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.
Generally, a person has no reasonable expectation of privacy for property and personal effects they hold open to the public. The Fourth Amendment does not protect things that are visible or in "plain view" for a person of ordinary and unenhanced vision.
