31

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 extends by its own terms to state and local governments. In Barron v. Baltimore (1833), the Supreme Court held that the Bill of Rights was enacted as part of the ...


17

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 have a gun in violation of the law you can be arrested and prosecuted for that offense. They cannot additionally prosecute you for not telling them about a gun....


15

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 any statute which controlled the way in which it should have been collected. However, the focus of your question seems to be the second issue: what use can the ...


15

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 generally ask questions of that individual, ask to examine the individual's identification, and request consent to search.") If you refuse consent, it is ...


12

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 briefly detained in an investigatory stop, (see Arizona v. Johnson, 555 U.S. 323) to proceed from a stop to a frisk, the police officer must reasonably suspect ...


11

There are two separate questions here, it seems to me. First: are law enforcement officers required to respect your house rules and avoid making a mess? At least in the United States, the answer is unequivocally no. If the only "damage" suffered is that you need to sweep the floor, or put your clothes back in drawers, that's not the police's problem. You ...


11

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, customs officials, etc). When the US Constitution was written, the memory of "general searches" by British customs officials was still strong, and one of ...


8

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 do have an expectation of privacy because the Riley holding that there was an expectation of privacy in a smart phone didn't really hinge in any meaningful way ...


7

As has already been said, as far as the vehicle registration, the officer likely already knows who the vehicle is registered to and whether it's expired or not before he walks up to your car, or at the least, he can easily find that information out. The proof of insurance is a different matter. The officer will need to see it to know if you have insurance ...


7

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 he seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected. The glass has clearly been "knowingly exposed" ...


6

First, police need probable cause to stop a vehicle. Something like a safety violation with the vehicle, or some type of moving violation. The specifics for a stop vary state to state. Secondly, police have the right to ask for the driver's ID, Registration and in some states insurance. All the other passengers have no legal requirement to produce ID.


6

Probable cause is defined as: "a reasonable amount of suspicion, supported by circumstances sufficiently strong to justify a prudent and cautious person's belief that certain facts are probably true" (See Wikipedia citing Handler, J. G. (1994). Ballentine's Law Dictionary (Legal Assistant ed.). Albany: Delmar. p. 431.) Now the thing about drug offenses, is ...


6

I did not perform a complete survey but The Jurisdictional Limits of Campus Police reports that, "subject to jurisdictional constraints, campus police officers had virtually the same powers as their municipal counterparts." (Internal quotes omitted.) Generally speaking, police are police not administration. Here are some statutes: ILLINOIS HIGHER ...


6

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 analysis ended there. It did not even need to reach the issue of how long Jones was monitored (although one of the concurring opinions took that into account). ...


6

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 warrant was issued without probable cause. But, it would be unlikely that a judge would issue a warrant that covered multiple apartments if there was not ...


6

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 presence is discerned via a long series of constitutional rulings of a diverse nature. It is not clear what is the extent of This right of privacy, whether it be ...


6

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". If the police are asking you questions (you are not under arrest) and they make some statement that implies that you committed a crime, your silence can be ...


6

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 performing the frisk. If you have been stopped and the officer has reason to believe you are armed and dangerous, they may perform a frisk. This is a particular ...


5

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 circumstances in which suspicionless stops are acceptable to the Supreme Court, most notably in roadblock-style checkpoints for enforcing sobriety or immigration. See,...


5

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 party whom the police, at the time of the entry, reasonably believe to possess common authority over the premises, but who in fact does not". Cat burglar ...


5

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 to criminal justice fact patterns is actually one of my pet areas of legal scholarship, but a lot of it calls for dramatic changes in established practice and ...


5

The pawn shop has the "use of property" of their own premises. The pawn shop has obviously the right to examine the gun to determine its value, for example, or to clean it if it needs cleaning to avoid damage, or to show it to a potential customer. And the pawn shop is allowed to let the police onto their own premises, even without a search warrant.


5

The police are allowed to ask for such things because of what is know as police power. Generally speaking, states are allowed to regulate behavior within their borders. They regulate and enforce the behavior through laws. So the laws in the states allow cops to ask for certain things. The tradition has its roots in the 10th Amendment which states that powers ...


5

Foreign citizens are just as entitled to Fourth Amendment protections against search and seizure as American citizens are. The case you cited was, in fact, a South Korean citizen who successfully had evidence suppressed from an unjustified border search.


5

Huge difference between a car and a house. For example, at least in Pennsylvania no warrant is required to search a vehicle on public roads. In other states there are so many easy pretexts that you practically have little protection from a full vehicle search (although the pretext will have to withstand strict scrutiny if evidence found in a search is used ...


5

The officers could incur liability under 28 U.S.C. 2680 (h) with jurisdiction under 28 U.S.C. 1346 (b). This would probably be considered "loss of property" or a "wrongful act". It is very rare for cases to go forward for this because of the costs of litigation against an officer. "[I]t is well recognized that ‘officers executing search warrants on ...


5

The Fifth Amendment only protects you against being compelled to testify by the government. So unless Wonder Woman is acting on behalf of the government, information obtained through the use of the Golden Lasso is admissible. The question about whether she has been "deputized," is not the right one. Rather, the question is whether she is a "state actor." ...


5

As a private university, they have much broader discretion to require things of you. Questions of 4th amendment rights are beside the point, what would matter is whether it is already covered by some part of your contract with the university. As a starting point, they have the property right to control access to their property, and they grant you the right ...


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