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4th Amendment For Police Officers In Pima
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Multi-State
County:
Pima
Control #:
US-000280
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FAQ
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.
What Does the Fourth Amendment Mean? The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government.
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.
Common Fourth Amendment Violations Warrantless Searches Without Consent or Probable Cause. Using Invalid or Overbroad Warrants. Unreasonable Use of Surveillance. Exceeding the Scope of a Lawful Search. Pretextual Stops and Searches. Search Incident to Arrest Without Legal Grounds. Coerced or Manipulated Consent.
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.
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.
Exceptions to the Warrant Requirement These include: Exigent circumstances. Plain view. Search incident to arrest.