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.
An arresting officer may search the arrestee's person to discover and remove weapons and to seize evidence to prevent its concealment or destruction, and they may search the area within the immediate control of the person arrested, meaning the area from which the person might gain possession of a weapon or destructible ...
For example, a sudden search of a driver's motor vehicle after a speeding ticket stop may constitute an illegal search and seizure if the law enforcement officer did not have probable cause to believe that the driver had committed another crime.
The Fourth Amendment has two basic clauses. One focuses on the reasonableness of a search and seizure; the other, on warrants.
An unreasonable search and seizure is a search and seizure executed 1) without a legal search warrant signed by a judge or magistrate describing the place, person, or things to be searched or seized or 2) without probable cause to believe that certain person, specified place or automobile has criminal evidence or 3) ...
Summarize the Fourth Amendment: "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 ...
Brendlin v. California | United States Courts.
7–1 decision for Katz The Court ruled that Katz was entitled to Fourth Amendment protection for his conversations and that a physical intrusion into the area he occupied was unnecessary to bring the Amendment into play. "The Fourth Amendment protects people, not places," wrote Justice Potter Stewart for the Court.
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.
The Fourth Amendment to the U.S. Constitution protects individuals from unreasonable searches and seizures. Generally, evidence found through an unlawful search cannot be used in a criminal proceeding.
The 4th Amendment to the U.S. Constitution guarantees freedom from unreasonable search and seizure. This means that law enforcement agents need probable cause, and a warrant in most cases, to search your person or belongings.