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The border search exception doctrine is not regarded as an exception to the Fourth Amendment, but rather to its requirement for a warrant or probable cause. [1] [2] Balanced against the sovereign's interests at the border are the Fourth Amendment rights of entrants.
Almeida-Sanchez v. United States, 413 U.S. 266 (1973), was a United States Supreme Court case holding that the search of an automobile by the United States Border Patrol without a warrant or probable cause violates the Fourth Amendment. [1]
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 ...
Warrantless searches are searches and seizures conducted without court-issued search warrants.. In the United States, warrantless searches are restricted under the Fourth Amendment to the United States Constitution, part of the Bill of Rights, which states, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not ...
A federal district court disagreed with Montoya de Hernandez's Fourth Amendment claim, and she was subsequently convicted for federal narcotics offenses. The United States Court of Appeals for the Ninth Circuit reversed the district court's conviction, on the grounds that the district court had incorrectly refused to suppress evidence used ...
United States v. Cotterman, [4] (9th Cir. en banc 2013), is a United States court case in which the United States Court of Appeals for the Ninth Circuit held that property, such as a laptop and other electronic storage devices, presented for inspection when entering the United States at the border may not be subject to forensic examination without a reason for suspicion, a holding that ...
The Fourth Amendment to the U.S. 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 ...
Fourth Amendment to the United States Constitution Ramsey , 431 U.S. 606 (1977), was a United States Supreme Court case in which the Court held the search of letters or envelopes from foreign countries falls under the border exception to the Fourth Amendment to the United States Constitution , which prohibits unreasonable searches and seizures .