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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 ...
Johnson v. United States, 333 U.S. 10 (1948), was a significant United States Supreme Court decision addressing search warrants and the Fourth Amendment.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."
Withholding probable cause determinations from suspects for longer than 48 hours after arrest, absent exigent circumstances, would violate the Fourth Amendment. Justice O'Connor , joined by Chief Justice Rehinquist and Justices White , Kennedy and Souter , wrote the opinion of the Court, and cautioned, however, that:
The usual definition of the probable cause standard includes “a reasonable amount of suspicion, supported by circumstances sufficiently strong to justify a prudent and cautious person’s belief that certain facts are probably true.” [6] Notably, this definition does not require that the person making the recognition must hold a public office or have public authority, which allows the ...
San Francisco Police searching a vehicle after a stop in 2008.. The motor vehicle exception is a legal rule in the United States that modifies the normal probable cause requirement of the Fourth Amendment to the United States Constitution and, when applicable, allows a police officer to search a motor vehicle without a search warrant.
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 ...
Florida v. Royer, 460 U.S. 491 (1983), was a U.S. Supreme Court case dealing with issues involving the Fourth Amendment. Specifically, the case establishes a firm line in cases where police conduct search and seizure without a warrant. The court ruled that, while it is legal for authorities to target and approach a person based on their ...
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.