Fourth Amendment | search
Click here to view Fourth Amendment news from 60+ newspapers.
Bookmark or Share- The Right to Silence v. The Fifth Amendment - University of ChicagoA plain-meaning reading of the Fifth Amendment means the government cannot require a person to be a witness against himself in any criminal case.187 Unlike the Fourth Amendment, which protects people from unreasonable governmental searches and seizures and often requires the judiciary to balance an individual’s interests against the ...
- Dwelling in Doubt: Do Tenants Have a Reasonable Expectation of Privacy ...The Fourth Amendment of the Constitution provides: “The right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.”1 A search “occurs when an expectation of privacy that society is prepared to consider reasonable is infringed.”2 The profoundness of this ...
- Fourth Amendment Standing and the General Rule of WaiverAs noted by Anthony Amsterdam, two competing perspectives dominate Fourth Amendment jurisprudence.55 On the one hand, there is the “atomistic” perspective, which is the idea that the Fourth Amendment “should be viewed as a collection of protections of atomistic spheres of interest of individual citizens.”56 The Fourth Amendment protects ...
- Fourth Amendment Rights of Probationers: The Lack of Explicit Probation ...Griffin was the first case that posited that certain “special needs” led to a recognition of less exacting Fourth Amendment standards to search probationers.182 While Griffin held that supervision, being a “special need” of the State, permitted a degree of infringement upon privacy, it also clarified that it upheld the search at issue ...
- Policing the Police: The Status of Immigration Checks in the Context of ...United States,19 the Supreme Court examined the relevance of a police officer’s intent in temporarily detaining a motorist.20 The Court held that the traffic stop in question and resulting seizure of drugs was reasonable under the Fourth Amendment, because the officers had probable cause to believe the defendants violated the District of ...
More
