4th Amendment Of Us In Harris
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Riley made clear that cell phones, or what the Court called “minicomputers,” are sui generis for Fourth Amendment purposes.
- Fourth Amendment: The Fourth Amendment guarantees of protection from unreasonable search and seizure (see, e.g., MC 270). The California Constitution, Article I, Section 7, provides: "A person may not be deprived of life, liberty, or property without due process of law . . ."
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.
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.
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 ...
Exceptions to the Warrant Requirement These include: Exigent circumstances. Plain view. Search incident to arrest.
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.
Brendlin v. California. This Fourth Amendment activity is based on the landmark Supreme Court case Brendlin v. California, dealing with search and seizure during a traffic stop.
The most common place the 4th Amendment is triggered is traffic stops. The stop itself is a seizure of your person, which triggers the 4th Amendment. Any subsequent search of the vehicle triggers the 4th Amendment, and any the seizure of any items from the vehicle triggers the 4th Amendment.
