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The Bill of Rights in the National Archives. The Fourth Amendment (Amendment IV) to the United States Constitution is part of the Bill of Rights.It prohibits unreasonable searches and seizures and sets requirements for issuing warrants: warrants must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must particularly describe the place to be ...
Following the dismissal of his criminal charges, Thompson filed suit against the officers responsible for arresting him under 42 U.S.C. § 1983 and alleging, among other things, that he had been maliciously prosecuted in violation of his Fourth Amendment rights, which provided the right against unlawful seizures.
Qualified immunity frequently arises in civil rights cases, [6] particularly in lawsuits arising under 42 USC § 1983 and Bivens v. Six Unknown Named Agents (1971). [7] Under 42 USC § 1983, a plaintiff can sue for damages when state officials violate their constitutional rights or other federal rights. The text of 42 USC § 1983 reads as ...
Instead of the Fourth Amendment protecting private spaces defined by physical boundaries, The Court defined private spaces as where there is a "reasonable expectation of privacy." [2] Since Katz, additional case law has defined the scope of "reasonable expectation of privacy" to include cellphones [3] and location data gathered by cellphones. [4]
The case was significant because it held that 42 U.S.C. § 1983, a statutory provision from 1871, could be used to sue state officers who violated a plaintiff's constitutional rights. [ 3 ] § 1983 had previously been a relatively obscure and little-used statute, but since Monroe it has become a central part of United States civil rights law.
Katz v. United States, 389 U.S. 347 (1967), was a landmark decision of the U.S. Supreme Court in which the Court redefined what constitutes a "search" or "seizure" with regard to the Fourth Amendment to the U.S. Constitution.
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California, 384 U.S. 757 (1966) The application of the Fourth Amendment's protection against warrantless searches and the Fifth Amendment privilege against self incrimination to searches that intrude into the human body means that police may not conduct warrantless blood testing on suspects absent an emergency that justifies acting without a ...