This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
This includes: personal letters, diaries, wills, business documents, and receipts. Personal files contained on a computer are also protected. However, it should be noted that the Fourth Amendment does allow the government to seize papers provided they obtain a court-issued warrant.
Our Fourth Amendment rights prohibit unreasonable searches and seizures of “persons, houses, papers and effects.” That last term, “effects,” means personal possessions, which includes cell phones, computers, vehicles, and every other article of moveable property.
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 Fourth Amendment specifically mentions "houses" as a place where person have a right "to be secure against unreasonable searches and seizures." Supreme Court cases applying the Fourth Amendment to searches in or near the home are far too numerous and diverse to be discussed here.
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.
Because this case was the rallying banner for what would eventually become the Fourth Amendment, it only makes sense that the term “houses” would be interpreted to include businesses as well as homes.
“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 Fourth Amendment is very brief. Despite its importance, it's only one sentence long. It has two clauses: the "unreasonable search and seizure" clause and the "warrants" clause.
“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 ...