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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.

Canonical answers:

74 questions
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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 with a search warrant for the residence. Is there…
feetwet
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Does the United States' Fourth Amendment cover privacy violations by private corporations?

For the sake of contrast, consider the wording of the First Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right…
DonielF
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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 as the law is concerned there is no such tort as…
feetwet
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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 hearing each time because the searches leading to…
ohwilleke
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What would happen if there is an attempt by police to deceive a judge to get a warrant?

Would I be correct in saying that police have a duty to fairly represent the facts to a judge when they attempt to get a warrant to search premises? Is there some sort of oversight in regard to how warrants are issued? Or is the oversight having…
Neil Meyer
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Can passenger-carried bags that have cleared TSA inspections and are not suspicious be searched or seized at US airport?

It is well understood and an expectation for passenger bags to be searched at airport TSA checkpoints. The context of this question is passenger-carried bags after the TSA checkpoint is cleared. A passenger's bag (not the passenger) is detained by…
gatorback
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Can evidence a person gives to aid an investigation then be used to prosecute that person for an unrelated crime?

Consider the following scenario: a person consents to giving some evidence to aid the investigation or prosecution of a criminal,with the reasonable, good-faith assumption that the use of that evidence will be limited in scope to the particular…
DerekG
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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 easily extend beyond the campus). Colleges also have…
cpast
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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? Please note that the question is about the car…
Gabriel Diego
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What is "self-help" as a remedy for unreasonable searches and seizures?

In Collins vs Virginia, Justice Thomas explains that: Historically, the only remedies for unconstitutional searches and seizures were “tort suits” and “self-help.” What is "self-help"?
robertspierre
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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?
user2390
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Does the exclusionary rule attach to the illegality of the search or to the person whose rights were violated?

Police blatantly illegally searches Bob's house and finds very strong evidence that Bob and Rob independently committed a horrific crime each. A variation: the crime is the same and Bob and Rob committed it together. Rob lives elsewhere and his…
Greendrake
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Arizona law requires you to admit to carrying a firearm. Would that be admissible evidence?

This question describes an Arizona law which requires a person stopped by the police to answer honestly when asked if they have a concealed deadly weapon. Suppose that someone in Arizona is carrying an illegal concealed weapon. They are stopped by…
Paul Johnson
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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 of Safety (DPS) alleges that a firearm pawned by…
Dave D
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If a law is blatantly unconstitutional, is a search warrant based on that law valid?

Applications for search warrants are typically ex parte. In such a proceeding the person who owns the property to be searched and/or seized cannot challenge the unconstitutional laws that form the basis of an affidavit justifying that probable cause…
Viktor
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