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United States, in which the Court ruled that surveillance by wiretap without any trespass did not constitute a "search" for Fourth Amendment purposes. However, the Court stated that in later cases it had begun recognizing that the Fourth Amendment applied to recorded speech obtained without any physical trespassing, and that the law had evolved ...
Pages in category "United States Fourth Amendment case law" The following 200 pages are in this category, out of approximately 253 total. This list may not reflect recent changes .
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 ...
Lange v. California, 594 U.S. ___ (2021), was a United States Supreme Court case involving the exigent circumstances requirement related to the Fourth Amendment to the United States Constitution. The Court ruled unanimously that the warrantless entry into a home by police in pursuit of a misdemeanant is not unequivocally justified.
Tennessee v. Garner, 471 U.S. 1 (1985), is a civil case in which the Supreme Court of the United States held that, under the Fourth Amendment, when a law enforcement officer is pursuing a fleeing suspect, the officer may not use deadly force to prevent escape unless "the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the ...
Weeks v. United States, 232 U.S. 383 (1914) was a United States Supreme Court case in which the Court unanimously held that the warrantless seizure of items from a private residence constitutes a violation of the Fourth Amendment to the U.S. Constitution. [1]
Riley successfully argued before the trial court that the aerial search violated his reasonable expectation of privacy and Fourth Amendment rights. The Florida Second District Court of Appeal disagreed, siding instead with the state, [3] but the Florida Supreme Court agreed with Riley and overturned the Court of Appeal.
Glik v. Cunniffe, 655 F.3d 78 (1st Cir. 2011) is a case in which the United States Court of Appeals for the First Circuit held that a private citizen has the right to record video and audio of police carrying out their duties in a public place, and that the arrest of the citizen for a wiretapping violation violated his First and Fourth Amendment rights.