9.12 Particular Rights-Fourth Amendment-Unreasonable Search-Generally refers to the right of individuals to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. This right is guaranteed by the Fourth Amendment to the United States Constitution. Generally, the government is not allowed to conduct a search of a person's property without a valid search warrant or probable cause. This prohibition applies to all government entities, including law enforcement, courts, legislatures, and administrative agencies. Exceptions to this general rule include searches conducted in public places, searches conducted in emergency situations, and searches conducted pursuant to a valid search warrant.
9.12 Particular Rights-Fourth Amendment-Unreasonable Search-Generally
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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/
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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 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.
You are not considered to have a reasonable privacy interest in property left out in plain view. This means, for example, that if you leave a gun or bag of marijuana out on the seat of the vehicle and you are stopped, the police may be able to seize it without a search warrant if it is in plain view.
Searches and seizures inside a home without a warrant are presumptively unreasonable. Payton v. New York, 445 U.S. 573 (1980).
It has long been established that the fourth amendment's prohibition of unreasonable searches and seizures applies only to state action and not private conduct.
Fourth Amendment Warrant Exceptions to Search or Seize Search Incident to Lawful Arrest.Items in Plain View.Consent.Stop-and-Frisk.Automobile Exception.Hot Pursuit and Exigent Circumstances.Other Exceptions.
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)