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4th Amendment For Dummies In Miami-Dade
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Multi-State
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Miami-Dade
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US-000280
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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.
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 ...
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.
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.
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.
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Amendment 4 is an abortion rights question. Amendment 4, if it passes, would eliminate Florida's sixweek abortion ban one of the strictest abortion laws in the nation.It bans abortion before many people even realize they are pregnant and leaves little time to get care under Florida's two-trip requirement. Four more amendments will tackle the subjects of making school board elections partisan, enshrining the right to hunt and fish in the state constitution. It's simple: It stops Florida's extreme abortion ban. Anything else on the ballot is NOT part of our amendment. Amendment 4 maintained the existing constitutional provision that permitted a law requiring parents to be notified before a minor can receive an abortion. Abortions here are prohibited after six weeks. There are exceptions for rape, incest and human trafficking, with documentation up until 15 weeks. Under Florida law, individuals would be allowed to possess up to three ounces of marijuana.