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4th Amendment In The Constitution In Montgomery
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Multi-State
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Montgomery
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US-000280
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FAQ
Exceptions to the Warrant Requirement These include: Exigent circumstances. Plain view. Search incident to arrest.
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.
Exceptions to the Warrant Requirement These include: Exigent circumstances. Plain view. Search incident to arrest.
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 ...
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.
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.
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.
At the time it was adopted, the Fourth Amendment prohibited the government from entering into any home, warehouse, or place of business against the owner's wishes to search for or to seize persons, papers, or effects, absent a specific warrant.
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.
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.