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Questions tagged [fourth-amendment]

The Fourth Amendment to the United States Constitution prohibits unreasonable search and seizure by law enforcement; in most cases, it requires police to obtain a search warrant before conducting a search, and requires police to show probable cause to get a warrant.

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1answer
58 views

Can improperly gathered evidence be used to exonerate someone?

There are many rules governing whether or not a particular piece of evidence can be introduced at trial. Often, these rules are applied to prevent the prosecution from introducing evidence. Do the ...
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1answer
64 views

Bill of Rights protection against mandatory vaccination?

Does the the "privacy" protection afforded by the Bill of Rights covers unwanted medical treatments, including unwanted drug taking, notably mandatory vaccines?
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1answer
102 views

Would a confession obtained via Wonder Woman's Magic Lasso be admissible in US court, or any court?

There's a scene in Justice League (the movie from 2017) where a policewoman is taking down the stories of three criminals who are wrapped in in Wonder Woman's magic Lasso. The Lasso does a couple of ...
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2answers
62 views

What is the US standard for reasonable detention duration for immigration checks?

The CBP has the authority to conduct inspections within 100 miles of borders. This region engulfs major cities (NYC, LAX, etc.) as well as populous states like Florida. If the response to an agent's ...
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1answer
80 views

Do photos violate the 4th amendment?

Can a municipal worker photograph over a privacy fence when given permission to enter an adjacent property without violation 4th amendment?
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4answers
414 views

How can I tell whether my 4th amendment rights have been violated?

From what I understand, a police officer can stop and harass (detain and ask questions with zero apparent "probable cause") all their hearts desire without being required to tell the detainee what the ...
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1answer
271 views

How do I authenticate that a warrant and its bearers are authentic?

Questions... How can I tell if the warrant is authentic and authorized by an authentic court? How can I identify that the persons approaching me with the warrant are indeed authorized law enforcement ...
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1answer
236 views

If police don't know which apartment has criminal evidence, can they search all of them?

Suppose the police have probable cause that there is evidence of a crime in an apartment that is part of a complex, but they can't figure out which apartment it is. Can they search all of them with a ...
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99 views

state statute violate 4th

If ny state vehicle statute declares it to be a misdemeanor for failing to update ones home address marked on the drivers license, punishable up to 250 dollar fine and or 15 days imprisonment, after ...
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391 views

Who can give the police consent to search my property?

If the police want to obtain consent to perform a search of a property, who do they have to obtain it from? Can my friend who doesn't legally own the house, or pay rent, but is just staying with me ...
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1answer
190 views

Must the State compensate individuals from whom property is seized as evidence?

Pursuant to the Fourth Amendment, law enforcement officers routinely obtain warrants under a "probable cause" standard to seize items that may contain evidence of a crime. This is a taking of private ...
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1answer
365 views

If I do not password protect my phone, do I forfeit reasonable expectation of privacy?

Let's say I am arrested and I have a smartphone in my possession. A police officer cannot, without a warrant, seize my phone, unlock it and go through my pictures, messages, etc. The US Supreme Court ...
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Why are SEC lawyers kept in the dark about surveillance and wiretaps?

I understand that, unlike United States Department of Justice lawyers, Securities and Exchange Commission lawyers are not allowed the benefit of surveillance evidence or wiretaps gathered by agencies ...
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1answer
141 views

Use of anonymous informants to obtain search warrants

In the United States is it commonly accepted by judges to issue search warrants based on anonymous tips or unidentified informants? The reason I ask is that the 4th ammendment to the US Constitution ...
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1answer
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How far does the fruit of the poisonous tree doctrine extend?

Suppose that an individual has been arrested, multiple times, for possession of controlled substances (i.e. illegal drugs), but has managed to get the charges dropped or dismissed by a court after a ...
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1answer
2k views

Can law enforcement use a GPS tracking device without a warrant?

In 2007, a man named Juan Pineda-Moreno was suspected of purchasing products to grow Cannabis. Rather than put a GPS tracking device on his car and leaving it, they put several GPS devices on his car ...
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1answer
52 views

When is it OK for law enforcement/intelligence-gathering agents to go undercover as journalists?

Previously, I had thought there might have been prohibitions against spies and law enforcement officers from going undercover as journalists, e.g. because this puts real journalists in greater danger ...
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461 views

Fourth Amendment traffic stop followup question

This is a follow up question from why doesn't the 4th amendment apply to traffic stops. So, the current answer states that the 4th amendment applies to traffic stops, which makes sense to me. So ...
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1answer
163 views

Are there standards for detention of property in connection with a search warrant?

We know that police and government are not liable for damage caused in the course of warranted searches. We also know that people who are not suspected of any crime can have their property searched ...
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1answer
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Why doesn't the 4th Amendment apply to traffic stops?

Police have to search and seize your documentation in order to successfully execute a traffic stop. Isn't this a violation of the 4th Amendment?
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800 views

“Enforcement” of 4th amendment absent exclusionary rule

Background: I am a lay person with some passing interest in the law. The Supreme Court recently decided Utah v. Strieff, 579 U.S. ___, in which it held that the attenuation exception to the ...
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2answers
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Does 4th Amendment to the US Constitution apply to city inspections of private residence?

My city is conducting its once-every-5-years housing inspection. Inspections are outside-only, but they encompass quite a lot- roof, walls, yard, electrical, foundation, door locks & hinges- a ...
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1answer
493 views

In the US, when and how must police identify themselves during an arrest? What are the remedies?

When and in what manner must police officers identify themselves during an arrest such that a charge of resisting arrest could be sustained against the arrestee in the case that they resist the ...
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1answer
453 views

Do police need a warrant to analyze wireless network traffic without the network owner's consent?

Today's wireless network technology allows persons with a compatible wireless card to capture packets of data destined for another computer, due to the fact that radio waves are the media through ...
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1answer
157 views

Does encrypting Internet traffic (possibly) create a reasonable expectation of privacy?

The fourth amendment to the US constitution protects people from seizures and searches in certain situations for reasons of privacy. In Katz v United States, the US Supreme Court has defined a two-...
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What rules apply to searches of a private college dorm room by university police?

In the United States, private colleges often have campus police, who are employed by the school but are sworn law enforcement officers with full police power in a certain jurisdiction (which can ...
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2answers
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Do pawn shops have third-party consent authority for pawned items?

In Phoenix, Arizona, Leslie Merritt Jr. has been arrested and charged in relation to a series of shootings that occurred along the I-10 corridor in Phoenix. In court filings, the Arizona Department ...
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If a neighbor calls the police and says I'm doing drugs on my property

If a neighbor calls the police and says I'm doing drugs in my house/yard and I'm inside by the time the police get there, do they have probable cause to search my property?
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If a driver is stopped by police, does the officer have the right to demand car documents?

Whenever someone is stopped by police because of a traffic violation or a regular check, does the police officer have the right to demand car documents and proof of insurance without a search warrant? ...
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2answers
619 views

Is perimeter search without a warrant ever legal?

Are perimeter searches without consent nor warrant ever legal? What if it's a motor vehicle / car? Is the situation different with a house?
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1k views

Is there any remedy for unnecessary insult by police in the course of their lawful duties?

Following up on Are there any remedies for abusive or insulting behavior by agents executing a search warrant? the more subtle question needs the following elaboration: My impression is that as far ...
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Are there any remedies for abusive or insulting behavior by agents executing a search warrant?

Suppose I am a particular person who maintains a clean and orderly residence. I have a sign inside my front door asking visitors to put booties over their shoes before entry. Now some LEOs show up ...
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636 views

What rights do foreigners have when the CBP wants to search their laptop?

Since laptop and other electronic device seizures at US borders became legal without a warrant (including making copies of data), 7% of ACTE's business travelers reported being subject to a seizure as ...