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4th Amendment Us Constitution With Case Laws In San Jose
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San Jose
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US-000280
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MAPP V. OHIO, decided on 20 June 1961, was a landmark court case originating in Cleveland, in which the U.S. Supreme Court ruled that under the 4th and 14th Constitutional amendments, illegally seized evidence could not be used in a state criminal trial.
Mapp v. Ohio (1961) is the case that impacted Fourth Amendment protections at the state level. This case involved the Fourth Amendment's provision that people be protected from unreasonable searches and seizures.
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.
Brendlin v. California | United States Courts.
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.
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.
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 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.
Seizure of Property In some circumstances, warrantless seizures of objects in plain view do not constitute seizures within the meaning of Fourth Amendment. When executing a search warrant, an officer might be able to seize an item observed in plain view even if it is not specified in the warrant.