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US Constitution study guide: Difference between revisions
→Amendment 4 [unreasonable searches, warrants & probable cause]
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===Amendment 4 [unreasonable searches, warrants & probable cause]=== | ===Amendment 4 [unreasonable searches, warrants & probable cause]=== | ||
'''{{#tip-text:[Amendment 4 overview | '''{{#tip-text:[Amendment 4 overview|Fourth Amendment: | ||
* = protections against government abuse by "searching" and "seizing" people and their private materials | * = protections against government abuse by "searching" and "seizing" people and their private materials | ||
** tyrannical governments frequently use false accusations or just arbitrarily (randomly) ("show me your papers!") in order to enforce their will | ** tyrannical governments frequently use false accusations or just arbitrarily (randomly) ("show me your papers!") in order to enforce their will | ||
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** "describing" the "place" to be searched and the "person" or "things" to be seized, | ** "describing" the "place" to be searched and the "person" or "things" to be seized, | ||
** i.e., the search and seizure must be consistent with the probable cause and cannot go beyond it | ** i.e., the search and seizure must be consistent with the probable cause and cannot go beyond it | ||
* in Katz v. United States (1967), the Court established a test of "reasonable expectation of privacy" | * in Katz v. United States (1967), the Court established a test of "reasonable expectation of privacy"}}''' and additional notes|Issues, problems & limits: | ||
Issues, problems & limits: | |||
* the term "reasonable" is vague and subject to interpretation | * the term "reasonable" is vague and subject to interpretation | ||
* probably cause is also vague and subject to interpretation, such as: | * probably cause is also vague and subject to interpretation, such as: | ||
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**can a search of a home based upon probable cause of one suspect include the belongings of other residents of that home? | **can a search of a home based upon probable cause of one suspect include the belongings of other residents of that home? | ||
* under what circumstances do 4th amendment protections not apply? (such as at international borders, secure locations, sobriety checkpoints and other matters of public safety? | * under what circumstances do 4th amendment protections not apply? (such as at international borders, secure locations, sobriety checkpoints and other matters of public safety? | ||
* what other "rights" does the 4th Amendment create? such as abortion, sexuality}}''' | * what other "rights" does the 4th Amendment create? (such as abortion, sexuality and online privacy rights)}}'''] | ||
The right of the people '''{{#tip-text:to be secure in their persons, houses, papers, and effects|"to be secure..." | The right of the people '''{{#tip-text:to be secure in their persons, houses, papers, and effects|"to be secure..." | ||