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Case history; Prior: People v. Gilbert, 63 Cal. 2d 690, 408 P.2d 365 (1965); cert. granted, 384 U.S. 985 (1966).: Holding; A mere handwriting exemplar, in contrast with the content of what is written, is an identifying physical characteristic outside the Fifth Amendment protection against self-incrimination.
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 ...
The Fourth Amendment may not protect informational privacy. Relevant exceptions to the Fourth Amendment's warrant requirement include "1) when consent to search has been given ( Schneckloth v. Bustamonte , 1973), (2) when the information has been disclosed to a third party ( United States v.
Schmerber v. California, 384 U.S. 757 (1966), was a landmark [1] United States Supreme Court case in which the Court clarified the application of the Fourth Amendment's protection against warrantless searches and the Fifth Amendment right against self-incrimination for searches that intrude into the human body.
The constitutionality of sex offender registries in the United States has been challenged on a number of state and federal constitutional grounds. While the Supreme Court of the United States has twice upheld sex offender registration laws, in 2015 it vacated a requirement that an offender submit to lifetime ankle-bracelet monitoring, finding it was a Fourth Amendment search that was later ...
The Juvenile and Domestic Relations Court denied the motion, finding that, while the Fourth Amendment does apply to searches by school officials, a school official is permitted to search a student's belongings if there is "reasonable suspicion" that the student broke the law or school policy. [18]
The Fourth Amendment of the United States Constitution protects against unreasonable search and seizure. Originally, remote surveillance of a person's communications, such as a telephone call, was not considered search and seizure without an "actual physical invasion" of a defendant's property. [1]
These include the Fourth Amendment right to be free of unwarranted search or seizure, the First Amendment right to free assembly, and the Fourteenth Amendment due process right, recognized by the Supreme Court of the United States as protecting a general right to privacy within family, marriage, motherhood, procreation, and child rearing.