4th Amendment Rules In Chicago
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Riley made clear that cell phones, or what the Court called “minicomputers,” are sui generis for Fourth Amendment purposes.
What constitutes an illegal search and seizure? Generally, a search or seizure is illegal under the Fourth Amendment if it occurs without consent, a warrant, or probable cause to believe a crime has been committed. However, there are several exceptions to the warrant requirement.
United States, 362 U.S. 257, 261 (1960). That is, the movant must show that he was “a victim of search or seizure, one against whom the search was directed, as distinguished from one who claims prejudice only through the use of evidence gathered as a consequence of search or seizure directed at someone else.” Id.
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.
Both the fourth amendment of the United States Constitution and article I, section 6, of the Illinois Constitution of 1970 protect individuals from unreasonable searches and seizures. U.S. Const., amend. IV; Ill.
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.
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 ...
Probable cause to believe that a person is committing or has committed a crime or that evidence of that crime can be found in a specific place and a judge/magistrate has issued a search warrant or arrest warrant. The accused has consented to the search.
Both the fourth amendment of the United States Constitution and article I, section 6, of the Illinois Constitution of 1970 protect individuals from unreasonable searches and seizures. U.S. Const., amend. IV; Ill.
