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In the 1946 case of Oklahoma Press Pub. Co. v. Walling, [21] there was a distinction made between a "figurative or constructive search" and an actual search and seizure. The court held that constructive searches are limited by the Fourth Amendment, where actual search and seizure requires a warrant based on “probable cause”.
Probable cause. In United States criminal law, probable cause is the legal standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal and for a court's issuing of a search warrant. [1] One definition of the standard derives from the U.S. Supreme Court decision in the case of Beck v.
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 ...
Katz v. United States, 389 U.S. 347 (1967), was a landmark decision of the U.S. Supreme Court in which the Court redefined what constitutes a "search" or "seizure" with regard to the protections of the Fourth Amendment to the U.S. Constitution. [1] The ruling expanded the Fourth Amendment's protections from an individual's "persons, houses ...
Diaz (2011) Riley v. California, 573 U.S. 373 (2014), [1] is a landmark United States Supreme Court case in which the court ruled that the warrantless search and seizure of the digital contents of a cell phone during an arrest is unconstitutional under the Fourth Amendment. [2][3] The case arose from inconsistent rulings on cell phone searches ...
When using the plain view doctrine, investigators must possess the evidence needed to meet the probable cause requirement, as they are only exempt from the step of obtaining a warrant from a judge. [14] The doctrine only authorizes the seizure of contraband or evidence; it does not authorize a further search or additional investigation. [15]
During the course of a search an officer may develop reasonable suspicion or probable cause; once this has been developed the individual loses the right to revoke consent. However, in United States v. Fuentes (1997), the court found the "[m]ere refusal to consent to a stop or search does not give rise to reasonable suspicion or probable cause."
According to the Fourth Amendment to the U.S. Constitution: . 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, and the persons or things to be seized.