Oregon Jury Instruction - 2.2.2 Fourth Amendment Claim Citizen Alleging Unlawful Arrest - Unlawful Search - Excessive Force
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The Fourth Amendment protects free citizens from ?unreasonable searches and seizures? and the Eighth Amendment protects those convicted of a crime against ?cruel and unusual punishments.? For those who are not free citizens but who have not yet been convicted, i.e. a pretrial detainee, the Fourteenth Amendment's due ...
The Katz test assesses whether law enforcement has violated an individual's ?constitutionally protected reasonable expectation of privacy.?12 This test is traditionally used to determine whether a search has occurred within the meaning of 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 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.
The broad authority of school administrators over student behavior, school safety, and the learning environment requires that school officials have the power to stop a minor student in order to ask questions or conduct an investigation, even in the absence of reasonable suspicion, so long as such authority is not ...
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.