9.20 Particular Rights-Fourth Amendment-Unreasonable Seizure of Person-Generally refers to the protection of a person's right to be free from unreasonable seizure of his or her person by the government. The Fourth Amendment of the US Constitution states, "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 to be seized." This protection includes the prohibition of an arrest or detention without probable cause. The different types of unreasonable seizures of person include false arrest, false imprisonment, malicious prosecution, and unlawful search and seizure.
9.20 Particular Rights-Fourth Amendment-Unreasonable Seizure of Person-Generally
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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.
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.
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)
The Fourth Amendment prohibits the United States government from conducting ?unreasonable searches and seizures." In general, this means police cannot search a person or their property without a warrant or probable cause.