Search results
Results from the WOW.Com Content Network
Searches that are the product of consent are one of several recognized exceptions to the warrant requirement of the Fourth Amendment to the United States Constitution. The prosecution bears the burden of proving that consent was freely and voluntarily given. [ 2 ]
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 ...
Illinois v. Rodriguez (1990) - search valid if police reasonably believe consent given by owner; Florida v. Bostick (1991) - not "free to leave" but "free to decline" on bus; Florida v. Jimeno (1991) - can request officer to limit scope of search; Ohio v. Robinette (1996) - do not have to inform motorist is free to go; United States v.
Schneckloth v. Bustamonte, 412 U.S. 218 (1973), was a U.S. Supreme Court case that ruled that in a case involving a consent search, although knowledge of a right to refuse consent is a factor in determining whether a grant of consent to a search was voluntary, the state does not need to prove that the person who granted consent to search knew of the right to refuse consent under the Fourth ...
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 ...
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.
United States v. Drayton, 536 U.S. 194 (2002), was a case in which the United States Supreme Court clarified the applicability of Fourth Amendment protections to searches and seizures that occur on buses, as well as the function of consent during searches by law enforcement. [1]
Illinois v. Rodriguez, 497 U.S. 177 (1990), is a U.S. Supreme Court case dealing with the issue of whether a warrantless search conducted pursuant to third party consent violates the Fourth Amendment when the third party does not actually possess common authority over the premises.