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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 ...
In this case, where federal agents had probable cause to search a hotel room but did not obtain a warrant, the Court declared the search was "unreasonable." [1] Johnson is commonly cited for the proposition that the Fourth Amendment creates a "warrant requirement" for searches, and warrantless searches are "per se unreasonable."
County of Riverside v. McLaughlin, 500 U.S. 44 (1991), was a United States Supreme Court case which involved the question of within what period of time must a suspect arrested without a warrant (warrantless arrests) be brought into court to determine if there is probable cause for holding the suspect in custody.
When the anticipatory warrant is predicated on a triggering condition, the Fourth Amendment requires that there is probable cause to believe that the triggering condition will occur, and that if it occurs, that there is a fair probability that the contraband will be found at the place to be searched. In this case, the warrant application ...
If the person does not give voluntary consent, then the officer needs probable cause, and in some cases, a search warrant may be required to search the premises. Unless another exclusion to the fourth amendment of the US constitution occurs, when the person withdraws their consent for searching, the officer has to stop looking immediately. [22]
Florida v. Jardines, 569 U.S. 1 (2013), was a United States Supreme Court case which resulted in the decision that police use of a trained detection dog to sniff for narcotics on the front porch of a private home is a "search" within the meaning of the Fourth Amendment to the United States Constitution, and therefore, without consent, requires both probable cause and a search warrant.
An officer acting in good faith and within the scope of a search warrant should not be subjected to Fourth Amendment constitutional violations. It is the magistrate’s or judge’s responsibility to ascertain whether the warrant is supported by sufficient information to support probable cause.
United States, 267 U.S. 132 (1925), where the Supreme Court ruled that police officers may make a warrantless search of an automobile if they have probable cause to suspect that it contains contraband. This is known as the "automobile exception" to the Fourth Amendment's warrant requirement. The court's reasoning in Carroll v.