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36 votes
Accepted

Can police arrest you to later fish for probable cause?

Police may not arrest you without probable cause, and the existence of probable cause is evaluated “at the moment of the arrest.” Beck v. State of Ohio, 379 U.S. 89, 96 (1964). Therefore, police may ...
bdb484's user avatar
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31 votes
Accepted

Does the United States' Fourth Amendment cover privacy violations by private corporations?

Is it a correct inference that the right "to be secure in their persons, houses, papers, and effects" extends to even a private corporation? No. It's not even a correct inference that it ...
cpast's user avatar
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25 votes
Accepted

How far does the fruit of the poisonous tree doctrine extend?

You have raised two broad questions. The question about reasonable suspicion asks: when is evidence illegally obtained? That's difficult to answer, because it depends on the nature of the evidence and ...
sjy's user avatar
  • 9,188
25 votes

Can evidence a person gives to aid an investigation then be used to prosecute that person for an unrelated crime?

There are essentially no such limits on the use of such evidence. The police are free to use evidence from one case in whatever other cases it may be helpful, and criminals have no right to turn over ...
bdb484's user avatar
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19 votes
Accepted

What would happen if there is an attempt by police to deceive a judge to get a warrant?

You are correct. A judge may only issue a warrant when it is supported by an affidavit, in which the officer seeking the warrant swears under oath to the facts supporting the warrant. Lying on the ...
bdb484's user avatar
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17 votes
Accepted

Arizona law requires you to admit to carrying a firearm. Would that be admissible evidence?

The 5th amendment protects you from self-incrimination. If by possessing a firearm you are in violation of the law you cannot be compelled by law to reveal this information. If the police discover you ...
Matt's user avatar
  • 605
15 votes
Accepted

Is there an implied consent to a frisk in a stop in the US?

If you consent, the evidence can almost certainly be used against you. Florida v. Bostick, 501 U.S. 429 (1991) ("Even when officers have no basis for suspecting a particular individual, they may ...
bdb484's user avatar
  • 60.4k
15 votes

Can police arrest you to later fish for probable cause?

It depends on the meaning of "can." Do you mean to ask whether it is lawful, or whether it is possible for police to make such an arrest, or whether it is possible for such an arrest to ...
phoog's user avatar
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15 votes
Accepted

If a law is blatantly unconstitutional, is a search warrant based on that law valid?

If it is "sufficiently obvious" that a law is unconstitutional, evidence obtained relying on that law can probably be suppressed. Two important principles help discern the answer to this ...
bdb484's user avatar
  • 60.4k
14 votes

Can evidence a person gives to aid an investigation then be used to prosecute that person for an unrelated crime?

In general, there is no right under the US Constitution not to have evidence that has been voluntarily provided for another purpose used for further criminal investigation. The premise of the question ...
David Siegel's user avatar
12 votes

Is there an implied consent to a frisk in a stop in the US?

It depends on whether this is a brief stop, or an arrest. If you are under arrest (no warrant required), a basic frisking for officer safety is legal and does not require your consent. If you are ...
user6726's user avatar
  • 215k
11 votes

What would happen if there is an attempt by police to deceive a judge to get a warrant?

Evidence obtained under a warrant supported by a falsely-sworn affidavit can be challenged as inadmissible, see Franks v. Delaware, 438 U.S. 154, if the defendant makes a substantial preliminary ...
user6726's user avatar
  • 215k
10 votes

Does the United States' Fourth Amendment cover privacy violations by private corporations?

No, it does not The terms "searches" and "seizures", as used here, are terms of art, and refer to governmental actions, primarily to the actions of law enforcement (police, ...
David Siegel's user avatar
10 votes
Accepted

Does the exclusionary rule attach to the illegality of the search or to the person whose rights were violated?

In order to challenge a search at trial via an evidence suppression motion, the particular defendant has to have Fourth Amendment "standing"1 with respect to that search: Rakas v. Illinois, ...
Jen's user avatar
  • 57.4k
9 votes

Can evidence a person gives to aid an investigation then be used to prosecute that person for an unrelated crime?

Yes. A rather well known example: Mark Whitacre was an executive at ADM (Archer Daniels Midland). He turns into a whistle blower about a price fixing scheme around lycine (a livestock feed additive) ...
Flydog57's user avatar
  • 429
8 votes
Accepted

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

I'm not aware of case law on point, other than Riley, which you mention (which doesn't mean that there isn't any - I'm not a specialist in this area). But, I think that the answer would be that you ...
ohwilleke's user avatar
  • 218k
8 votes

Does allowing a police officer into your house implicitly waive your Fourth Amendment rights?

Yes and No See Katz v. United States, 389 U.S. 347, 351 (1967): What a person knowingly exposes to the public, even in his home or office, is not a subject of Fourth Amendment protection. But what ...
Dale M's user avatar
  • 211k
7 votes
Accepted

Why doesn't the 4th Amendment apply to traffic stops?

The fourth amendment does apply to traffic stops. In general, they are a violation of the fourth amendment in the absence of reasonable suspicion or probable cause. Even then, there are some ...
phoog's user avatar
  • 37.5k
7 votes
Accepted

Are defendants legally obliged to provide all culpatory evidence to prosecution?

Are defendants legally obliged to provide all culpatory evidence to prosecution? The question here is whether or not all evidence requested by prosecution must be provided by the defense? If the ...
ohwilleke's user avatar
  • 218k
7 votes

In the US, can the police be forced to release a suspect because their location was obtained in violation of the 4th amendment?

The 4th Amendment protects a criminal defendant from having evidence obtained illegally used to prosecute them or provide a basis for arresting them of a crime. The police had untainted evidence ...
ohwilleke's user avatar
  • 218k
6 votes
Accepted

Bill of Rights protection against mandatory vaccination?

It probably does, up to a point. Roe v. Wade asserts a right to privacy, discussed in §VIII. Granting that there is no explicit enumeration of a right to privacy in the Constitution, its implicit ...
user6726's user avatar
  • 215k
6 votes
Accepted

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

US v. Jones The majority opinion in US v. Jones 565 U. S. ____ (2012) , written by Justice Scalia, held that the attachment of the GPS device to the vehicle was a trespass and thus a search. The ...
K-C's user avatar
  • 4,024
6 votes

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

If the police can get a warrant from a judge confirming that they have probable cause, they could, and that finding would probably be confirmed in a subsequent suppression hearing alleging that the ...
ohwilleke's user avatar
  • 218k
6 votes

Who can give the police consent to search my property?

With respect to 4th Amendment protections, which guard against unreasonable searches, Illinois v. Rodriguez, 497 U.S. 177 held that "A warrantless entry is valid when based upon the consent of a third ...
user6726's user avatar
  • 215k
6 votes

Lawyer-approved statement to say to the police to unequivocally retain all rights

It does matter if you invoke your right to silence. First, if you do, that affects what police can do (they have to stop interrogating you). Second, it plays a role in "adoptive admissions". ...
user6726's user avatar
  • 215k
6 votes

Is there an implied consent to a frisk in a stop in the US?

In a lawful stop, the officer does not need you consent to do this. They do, however, need a reason to suspect you have or are about to commit a crime. They cannot stop you solely for the purpose of ...
Comic Sans Seraphim's user avatar
5 votes

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

This is a good question, which I am going to answer from a practical perspective, rather than a theoretical one, which would probably justify a law review article (applications of the takings clause ...
ohwilleke's user avatar
  • 218k
5 votes

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

In case there is no way of knowing, thus no way to sue, would this seem like a loophole that practically abolishes the 4th amendment ? The 4th amendment only means that the officer needs a probable ...
Greendrake's user avatar
  • 27.6k
5 votes

Does allowing a police officer into your house implicitly waive your Fourth Amendment rights?

Hard to Tell The individual consented to a search by letting the officer come in, and consent searches are held to be reasonable. Katz was an unconsented invasion of privacy (picking up sound through ...
user6726's user avatar
  • 215k

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