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4th Amendment Us Constitution With 5th In Contra Costa
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Multi-State
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Contra Costa
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US-000280
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FAQ
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.
“What a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection.
In a more formal setting, such as a deposition or hearing, the person might say: “On the advice of counsel, I invoke my fifth amendment privilege against self-incrimination and respectfully decline to answer your question.”
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.
So, yes, in California, when it comes to suppression of evidence in search and seizure, criminal defendants are limited to what the Fourth Amendment provides.
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.
The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government.
Fourth Amendment: protects against unreasonable search and seizure. Fifth Amendment: protects against self-testimony, being tried twice for the same crime, and the seizure of property under eminent domain.
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.