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Fourth Amendment to the United States Constitution

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The Fourth Amendment (Amendment IV) to the United States Constitution is part of the Bill of Rights that prohibits unreasonable searches and seizures. [1]

183 relations: ACLU v. Clapper, Admissible evidence, Affidavit, American Civil Liberties Union, American Revolution, Anti-Federalism, Arizona v. Evans, Arizona v. Gant, Arizona v. Hicks, Article 8 of the European Convention on Human Rights, Articles of Confederation, Bailment, Beck v. Ohio, Berger v. New York, Bill of Rights 1689, Blood alcohol content, Border search exception, British Empire, Bruce M. Selya, California, California Proposition 8 (1982), California v. Acevedo, California v. Ciraolo, Camara v. Municipal Court of City and County of San Francisco, Carpenter v. United States, Carroll v. United States, Chandler v. Miller, Charles Pratt, 1st Earl Camden, Chimel v. California, City of Indianapolis v. Edmond, City of Ontario v. Quon, Civil liberties, Collins v. Virginia, Colonial history of the United States, Common law, Consent search, Constitutional Convention (United States), Coolidge v. New Hampshire, Cornell University, Court of King's Bench (England), Curtilage, Davis v. United States (2011), Delaware v. Prouse, Detection dog, Due Process Clause, Dunaway v. New York, Edward Coke, Elkins v. United States, Entick v Carrington, Evidence, ..., Exclusionary rule, Exigent circumstance, Expectation of privacy, Federal government of the United States, Federation of American Scientists, Felix Frankfurter, Fifth Amendment to the United States Constitution, Florida v. Bostick, Florida v. Jardines, Florida v. Royer, Foreign Intelligence Surveillance Act, Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008, Fourteenth Amendment to the United States Constitution, Fruit of the poisonous tree, George II of Great Britain, George III of the United Kingdom, George Mason, George Montagu-Dunk, 2nd Earl of Halifax, Georgia v. Randolph, Global Positioning System, Gordon S. Wood, Grand jury, Harry Blackmun, Herring v. United States, Hester v. United States, HighBeam Research, Illinois v. Gates, Illinois v. Lidster, Illinois v. Rodriguez, Incorporation of the Bill of Rights, Interstate Commerce Act of 1887, James Madison, James Otis Jr., John Adams, John Entick, John Wilkes, Katz v. United States, Klayman v. Obama, Knock and talk, Knowles v. Iowa, Law enforcement officer, Magistrate, Mapp v. Ohio, Maryland v. King, Massachusetts General Court, Metadata, Michigan Department of State Police v. Sitz, Michigan Law Review, Miranda warning, Missouri v. McNeely, Motor vehicle exception, Narcotic, New Jersey v. T. L. O., Nix v. Williams, Oliver v. United States, Olmstead v. United States, Orin Kerr, Parallel construction, Party (law), Perjury, Personal property, Plain view doctrine, Potter Stewart, Privacy laws of the United States, Probable cause, Queen's Messenger, Reasonable person, Richard Henry Lee, Right to privacy, Right to property, Riley v. California, Safford Unified School District v. Redding, Samson v. California, Schmerber v. California, Schneckloth v. Bustamonte, SCOTUSblog, Search and seizure, Search warrant, Section 8 of the Canadian Charter of Rights and Freedoms, Semayne's case, Sheriff, Sherman Antitrust Act, Silverman v. United States, Silverthorne Lumber Co. v. United States, Skinner v. Railway Labor Executives Ass'n, Smith v. Maryland, Soldal v. Cook County, State school, Strip search, Subpoena ad testificandum, Subpoena duces tecum, Supreme Court of the United States, Telecommunication, Telephone booth, Terry stop, Terry v. Ohio, The Volokh Conspiracy, Thomas Jefferson, Totality of the circumstances, Traffic stop, Trespass, Trupiano v. United States, U.S. Customs and Border Protection, United States Bill of Rights, United States Constitution, United States Court of Appeals for the Fourth Circuit, United States Court of Appeals for the Ninth Circuit, United States courts of appeals, United States district court, United States Foreign Intelligence Surveillance Court of Review, United States v. Arnold, United States v. Dunn, United States v. Flores-Montano, United States v. Janis, United States v. Jones, United States v. Leon, United States v. Martinez-Fuerte, United States v. Matlock, United States v. Mendenhall, United States v. Montoya De Hernandez, United States v. Rabinowitz, United States v. United States District Court, USA Today, Utah v. Strieff, Virginia Declaration of Rights, Virginia v. Moore, Warden v. Hayden, Warrant (law), Weeks v. United States, Wolf v. Colorado, Writ, Writ of assistance, 1st United States Congress. Expand index (133 more) »

ACLU v. Clapper

American Civil Liberties Union v. James Clapper, No.

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Admissible evidence

Admissible evidence, in a court of law, is any testimonial, documentary, or tangible evidence that may be introduced to a factfinder—usually a judge or jury—to establish or to bolster a point put forth by a party to the proceeding.

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Affidavit

An affidavit is a written sworn statement of fact voluntarily made by an affiant or deponent under an oath or affirmation administered by a person authorized to do so by law.

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American Civil Liberties Union

The American Civil Liberties Union (ACLU) is a nonprofit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." Officially nonpartisan, the organization has been supported and criticized by liberal and conservative organizations alike.

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American Revolution

The American Revolution was a colonial revolt that took place between 1765 and 1783.

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Anti-Federalism

Anti-Federalism refers to a movement that opposed the creation of a stronger U.S. federal government and which later opposed the ratification of the 1787 Constitution.

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Arizona v. Evans

Arizona v. Evans,, was a United States Supreme Court case in which the Court instituted an exclusionary rule exception allowing evidence obtained through a warrantless search to be valid when a police record erroneously indicates the existence of an outstanding warrant due to negligent conduct of a Clerk of Court.

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Arizona v. Gant

Arizona v. Gant, 556 U.S. 332 (2009), was a United States Supreme Court decision holding that the Fourth Amendment to the United States Constitution requires law enforcement officers to demonstrate an actual and continuing threat to their safety posed by an arrestee, or a need to preserve evidence related to the crime of arrest from tampering by the arrestee, in order to justify a warrantless vehicular search incident to arrest conducted after the vehicle's recent occupants have been arrested and secured.

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Arizona v. Hicks

Arizona v. Hicks,, held that the Fourth Amendment requires the police to have probable cause to seize items in plain view.

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Article 8 of the European Convention on Human Rights

Article 8 of the European Convention on Human Rights provides a right to respect for one's "private and family life, his home and his correspondence", subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society".

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Articles of Confederation

The Articles of Confederation, formally the Articles of Confederation and Perpetual Union, was an agreement among the 13 original states of the United States of America that served as its first constitution.

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Bailment

Bailment describes a legal relationship in common law where physical possession of personal property, or a chattel, is transferred from one person (the "bailor") to another person (the "bailee") who subsequently has possession of the property.

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Beck v. Ohio

Beck v. Ohio,, is a United States Supreme Court decision concerning evidence obtained as part of an unlawful arrest.

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Berger v. New York

Berger v. New York, 388 U.S. 41 (1967), was a United States Supreme Court decision invalidating a New York law under the Fourth Amendment, because the statute authorized electronic eavesdropping without required procedural safeguards.

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Bill of Rights 1689

The Bill of Rights, also known as the English Bill of Rights, is an Act of the Parliament of England that deals with constitutional matters and sets out certain basic civil rights.

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Blood alcohol content

Blood alcohol content (BAC), also called blood alcohol concentration, blood ethanol concentration, or blood alcohol level, is most commonly used as a metric of alcohol intoxication for legal or medical purposes.

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Border search exception

In United States criminal law, the border search exception or doctrine is a doctrine that allows searches and seizures at international borders and their functional equivalent without a warrant or probable cause.

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British Empire

The British Empire comprised the dominions, colonies, protectorates, mandates and other territories ruled or administered by the United Kingdom and its predecessor states.

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Bruce M. Selya

Bruce Marshall Selya (born May 27, 1934) is a Senior United States Circuit Judge of the United States Court of Appeals for the First Circuit and former chief judge of the United States Foreign Intelligence Surveillance Court of Review who is known for his distinctive writing style.

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California

California is a state in the Pacific Region of the United States.

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California Proposition 8 (1982)

Proposition 8 (or The Victims' Bill of Rights) was a law enacted by California voters on 8 June 1982, by means of the initiative process.

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California v. Acevedo

California v. Acevedo, 500 U.S. 565 (1991), was a decision of the United States Supreme Court, which interpreted the Carroll doctrine to provide one rule to govern all automobile searches.

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California v. Ciraolo

California v. Ciraolo,, was a case decided by the United States Supreme Court, in which it ruled that warrantless aerial observation of a person's backyard did not violate the Fourth Amendment to the United States Constitution.

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Camara v. Municipal Court of City and County of San Francisco

Camara v. Municipal Court, 387 U.S. 523 (1967), is a United States Supreme Court case that overruled a previous case (Frank v. Maryland, 1959) and established the ability of a resident to deny entry to a building inspector without a warrant.

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Carpenter v. United States

Carpenter v. United States,, was a landmark United States Supreme Court case concerning the privacy of historical cellphone location records.

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Carroll v. United States

Carroll v. United States, 267 U.S. 132 (1925), was a decision by the United States Supreme Court that upheld the warrantless searches of an automobile, which is known as the automobile exception.

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Chandler v. Miller

Chandler v. Miller, was a case before the United States Supreme Court concerning the Constitutionality under the Fourth Amendment of a state statute requiring drug tests of all candidates for certain state offices.

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Charles Pratt, 1st Earl Camden

Charles Pratt, 1st Earl Camden, PC (baptised 21 March 1714 – 18 April 1794) was an English lawyer, judge and Whig politician who was first to hold the title of Earl Camden.

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Chimel v. California

Chimel v. California, 395 U.S. 752 (1969), is a 1969 Supreme Court of the United States case.

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City of Indianapolis v. Edmond

City of Indianapolis v. Edmond, 531 U.S. 32 (2000), was a case in which the Supreme Court of the United States limited the power of law enforcement to conduct suspicionless searches, specifically, using drug-sniffing dogs at roadblocks.

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City of Ontario v. Quon

Ontario v. Quon,, is a United States Supreme Court case concerning the extent to which the right to privacy applies to electronic communications in a government workplace.

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Civil liberties

Civil liberties or personal freedoms are personal guarantees and freedoms that the government cannot abridge, either by law or by judicial interpretation, without due process.

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Collins v. Virginia

Collins v. Virginia, No.

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Colonial history of the United States

The colonial history of the United States covers the history of European colonization of the Americas from the start of colonization in the early 16th century until their incorporation into the United States of America.

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Common law

Common law (also known as judicial precedent or judge-made law, or case law) is that body of law derived from judicial decisions of courts and similar tribunals.

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Consent search

Consent searches are searches made by law enforcement personnel in the United States based on the consent of the individual whose person or property is being searched.

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Constitutional Convention (United States)

The Constitutional Convention (also known as the Philadelphia Convention, the Federal Convention, or the Grand Convention at Philadelphia) took place from May 25 to September 17, 1787, in the old Pennsylvania State House (later known as Independence Hall because of the adoption of the Declaration of Independence there eleven years before) in Philadelphia.

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Coolidge v. New Hampshire

Coolidge v. New Hampshire,, was a United States Supreme Court case dealing with the Fourth Amendment and the automobile exception.

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Cornell University

Cornell University is a private and statutory Ivy League research university located in Ithaca, New York.

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Court of King's Bench (England)

The Court of King's Bench (or Court of Queen's Bench during the reign of a female monarch), formally known as The Court of the King Before the King Himself, was an English court of common law in the English legal system.

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Curtilage

In law, the curtilage of a house or dwelling is the land immediately surrounding it, including any closely associated buildings and structures, but excluding any associated "open fields beyond", and also excluding any closely associated buildings, structures, or divisions that contain the separate intimate activities of their own respective occupants with those occupying residents being persons other than those residents of the house or dwelling of which the building is associated.

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Davis v. United States (2011)

Davis v. United States,, was a case in which the Supreme Court of the United States " that searches conducted in objectively reasonable reliance on binding appellate precedent are not subject to the exclusionary rule".

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Delaware v. Prouse

Delaware v. Prouse,, was a United States Supreme Court case in which the Court held that police may not stop motorists without any reasonable suspicion to suspect crime or illegal activity, to check their driver's license and auto registration.

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Detection dog

A detection dog or sniffer dog is a dog that is trained to use its senses to detect substances such as explosives, illegal drugs, wildlife scat, currency, blood, and contraband electronics such as illicit mobile phones.

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Due Process Clause

The Fifth and Fourteenth Amendments to the United States Constitution each contain a due process clause.

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Dunaway v. New York

Dunaway v. New York,, was a United States Supreme Court case that held a subsequent ''Miranda'' warning is not sufficient to cure the taint of an unlawful arrest, when the unlawful arrest led to a coerced confession.

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Edward Coke

Sir Edward Coke ("cook", formerly; 1 February 1552 – 3 September 1634) was an English barrister, judge, and politician who is considered to be the greatest jurist of the Elizabethan and Jacobean eras.

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Elkins v. United States

Elkins v. United States, 364 U.S. 206 (1960),.

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Entick v Carrington

Entick v Carrington, is a leading case in English law and UK constitutional law establishing the civil liberties of individuals and limiting the scope of executive power.

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Evidence

Evidence, broadly construed, is anything presented in support of an assertion.

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Exclusionary rule

In the United States, the exclusionary rule is a legal rule, based on constitutional law.

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Exigent circumstance

An exigent circumstance, in the criminal procedure law of the United States, allows law enforcement, under certain circumstances, to enter a structure without a search warrant or, if they have a "knock and announce" warrant, without knocking and waiting for refusal.

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Expectation of privacy

Expectation of privacy is a legal test which is crucial in defining the scope of the applicability of the privacy protections of the Fourth Amendment to the United States Constitution.

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Federal government of the United States

The federal government of the United States (U.S. federal government) is the national government of the United States, a constitutional republic in North America, composed of 50 states, one district, Washington, D.C. (the nation's capital), and several territories.

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Federation of American Scientists

The Federation of American Scientists (FAS) is a 501(c)(3) organization with the stated intent of using science and scientific analysis to attempt to make the world more secure.

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Felix Frankfurter

Felix Frankfurter (November 15, 1882February 22, 1965) was an American lawyer, professor, and jurist who served as an Associate Justice of the Supreme Court of the United States.

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Fifth Amendment to the United States Constitution

The Fifth Amendment (Amendment V) to the United States Constitution is part of the Bill of Rights and, among other things, protects individuals from being compelled to be witnesses against themselves in criminal cases.

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Florida v. Bostick

Florida v. Bostick,, was a United States Supreme Court case that overturned a per se rule imposed by the Florida Supreme Court that held consensual searches of passengers on buses were always unreasonable.

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Florida v. Jardines

Florida v. Jardines,, is a decision by the United States Supreme Court which held that police use of a trained detection dog to sniff for narcotics on the front porch of a private home is a "search" within the meaning of the Fourth Amendment to the United States Constitution, and therefore, without consent, requires both probable cause and a search warrant.

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Florida v. Royer

Florida v. Royer,, was a U.S. Supreme Court case dealing with issues involving the Fourth Amendment.

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Foreign Intelligence Surveillance Act

The Foreign Intelligence Surveillance Act of 1978 ("FISA") is a United States federal law which establishes procedures for the physical and electronic surveillance and collection of "foreign intelligence information" between "foreign powers" and "agents of foreign powers" suspected of espionage or terrorism.

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Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008

The FISA Amendments Act of 2008, also called the FAA and Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008, is an Act of Congress that amended the Foreign Intelligence Surveillance Act.

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Fourteenth Amendment to the United States Constitution

The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.

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Fruit of the poisonous tree

Fruit of the poisonous tree is a legal metaphor in the United States used to describe evidence that is obtained illegally.

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George II of Great Britain

George II (George Augustus; Georg II.; 30 October / 9 November 1683 – 25 October 1760) was King of Great Britain and Ireland, Duke of Brunswick-Lüneburg (Hanover) and a prince-elector of the Holy Roman Empire from 11 June 1727 (O.S.) until his death in 1760.

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George III of the United Kingdom

George III (George William Frederick; 4 June 1738 – 29 January 1820) was King of Great Britain and Ireland from 25 October 1760 until the union of the two countries on 1 January 1801, after which he was King of the United Kingdom of Great Britain and Ireland until his death in 1820.

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George Mason

George Mason (sometimes referred to as George Mason IV; October 7, 1792) was a Virginia planter, politician and delegate to the U.S. Constitutional Convention of 1787, one of three delegates, together with fellow Virginian Edmund Randolph and Elbridge Gerry of Massachusetts, who refused to sign the Constitution.

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George Montagu-Dunk, 2nd Earl of Halifax

George Montagu-Dunk, 2nd Earl of Halifax, (6 October 1716 – 8 June 1771) was a British statesman of the Georgian era.

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Georgia v. Randolph

Georgia v. Randolph,, is a case in which the U.S. Supreme Court held that without a search warrant, police had no constitutional right to search a house where one resident consents to the search while another resident objects.

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Global Positioning System

The Global Positioning System (GPS), originally Navstar GPS, is a satellite-based radionavigation system owned by the United States government and operated by the United States Air Force.

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Gordon S. Wood

Gordon Stewart Wood (born November 27, 1933) is Alva O. Way University Professor and Professor of History Emeritus at Brown University, and the recipient of the 1993 Pulitzer Prize for History for The Radicalism of the American Revolution (1992).

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Grand jury

A grand jury is a legal body empowered to conduct official proceedings and investigate potential criminal conduct, and determine whether criminal charges should be brought.

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Harry Blackmun

Harry Andrew Blackmun (November 12, 1908March 4, 1999) was an American lawyer and jurist who served as an Associate Justice of the Supreme Court of the United States from 1970 until 1994.

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Herring v. United States

Herring v. United States, 555 U.S. 135 (2009),.

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Hester v. United States

Hester v. United States, 265 U.S. 57 (1924), is a decision by the United States Supreme Court, which established the open-fields doctrine.

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HighBeam Research

HighBeam Research is a paid search engine and full text online archive owned by Gale, a subsidiary Cengage, for thousands of newspapers, magazines, academic journals, newswires, trade magazines, and encyclopedias in English.

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Illinois v. Gates

Illinois v. Gates,, is a Fourth Amendment case.

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Illinois v. Lidster

Illinois v. Lidster,, was a case in which the Supreme Court of the United States ruled that the Fourth Amendment permits the police to use a roadblock to investigate a traffic incident.

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Illinois v. Rodriguez

Illinois v. Rodriguez,, is a U.S. Supreme Court case dealing with the issue of whether a warrantless search conducted pursuant to third party consent violates the Fourth Amendment when the third party does not actually possess common authority over the premises.

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Incorporation of the Bill of Rights

Incorporation, in United States law, is the doctrine by which portions of the Bill of Rights have been made applicable to the states.

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Interstate Commerce Act of 1887

The Interstate Commerce Act of 1887 is a United States federal law that was designed to regulate the railroad industry, particularly its monopolistic practices.

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James Madison

James Madison Jr. (March 16, 1751 – June 28, 1836) was an American statesman and Founding Father who served as the fourth President of the United States from 1809 to 1817.

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James Otis Jr.

James Otis Jr. (February 5, 1725 – May 23, 1783) was a lawyer, political activist, pamphleteer and legislator in Boston, a member of the Massachusetts provincial assembly, and an early advocate of the Patriot views against British policy that led to the American Revolution.

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John Adams

John Adams (October 30 [O.S. October 19] 1735 – July 4, 1826) was an American statesman and Founding Father who served as the first Vice President (1789–1797) and second President of the United States (1797–1801).

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John Entick

John Entick (c.1703 – May 1773) was an English schoolmaster and author.

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John Wilkes

John Wilkes (17 October 1725 – 26 December 1797) was an English radical, journalist, and politician.

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Katz v. United States

Katz v. United States,, was a landmark United States Supreme Court case discussing the nature of the "right to privacy" and the legal definition of a "search" of intangible property, such as electronic-based communications like telephone calls.

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Klayman v. Obama

Klayman v. Obama was an American federal court case concerning the legality of the bulk collection of both phone and Internet metadata by the United States.

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Knock and talk

In law enforcement, a knock and talk is an investigative technique where one or more police officers approaches a private residence, knocks on the door, and requests consent from the owner to search the residence.

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Knowles v. Iowa

Knowles v. Iowa, 525 U.S. 113 (1998), was a decision by the United States Supreme Court which ruled that the Fourth Amendment prohibits a police officer from further searching a vehicle which was stopped for a minor traffic offense once the officer has written a citation for the offense.

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Law enforcement officer

A law enforcement officer (LEO) or peace officer, in North American English, is a public-sector employee whose duties primarily involve the enforcement of laws.

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Magistrate

The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law.

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Mapp v. Ohio

Mapp v. Ohio,, was a landmark case in criminal procedure, in which the United States Supreme Court decided that evidence obtained in violation of the Fourth Amendment, which protects against "unreasonable searches and seizures," may not be used in state law criminal prosecutions in state courts, as well as in federal criminal law prosecutions in federal courts as had previously been the law.

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Maryland v. King

In Maryland v. King,, the United States Supreme Court decided that "when officers make an arrest supported by probable cause to hold for a serious offense and bring the suspect to the station to be detained in custody, taking and analyzing a cheek swab of the arrestee's DNA is, like fingerprinting and photographing, a legitimate police booking procedure that is reasonable under the Fourth Amendment." The majority opinion, written by Justice Anthony Kennedy, described Maryland's law as follows: The Act authorizes Maryland law enforcement authorities to collect DNA samples from "an individual who is charged with...

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Massachusetts General Court

The Massachusetts General Court (formally styled the General Court of Massachusetts) is the state legislature of the Commonwealth of Massachusetts.

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Metadata

Metadata is "data that provides information about other data".

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Michigan Department of State Police v. Sitz

Michigan Dept.

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Michigan Law Review

The Michigan Law Review is an American law review that was established in 1902 and is completely run by law students.

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Miranda warning

The Miranda warning, which also can be referred to as a person's Miranda rights, is a right to silence warning given by police in the United States to criminal suspects in police custody (or in a custodial interrogation) before they are interrogated to preserve the admissibility of their statements against them in criminal proceedings.

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Missouri v. McNeely

Missouri v. McNeely, 569 U.S. ___ (2013), was a case decided by United States Supreme Court, on appeal from the Supreme Court of Missouri, regarding exceptions to the Fourth Amendment to the United States Constitution under exigent circumstances.

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Motor vehicle exception

The motor vehicle exception is a legal rule in the United States that modifies the normal probable cause requirement of the Fourth Amendment to the United States Constitution and, when applicable, allows a police officer to search a motor vehicle without a search warrant.

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Narcotic

The term narcotic (from ancient Greek ναρκῶ narkō, "to make numb") originally referred medically to any psychoactive compound with sleep-inducing properties.

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New Jersey v. T. L. O.

New Jersey v. T.L.O.,, is a decision by the Supreme Court of the United States addressing the constitutionality of a search of a public high school student for contraband after she was caught smoking.

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Nix v. Williams

Nix v. Williams,, was a U.S. Supreme Court case that created an "inevitable discovery" exception to the exclusionary rule.

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Oliver v. United States

Oliver v. United States, 466 U.S. 170 (1984), is a United States Supreme Court decision relating to the open fields doctrine limiting the Fourth Amendment to the United States Constitution.

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Olmstead v. United States

Olmstead v. United States,, was a decision of the Supreme Court of the United States, in which the Court reviewed whether the use of wiretapped private telephone conversations, obtained by federal agents without judicial approval and subsequently used as evidence, constituted a violation of the defendant’s rights provided by the Fourth and Fifth Amendments.

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Orin Kerr

Orin Samuel Kerr (born June 2, 1971) is a professor of law at the USC Gould School of Law.

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Parallel construction

Parallel construction is a law enforcement process of building a parallel—or separate—evidentiary basis for a criminal investigation in order to conceal how an investigation actually began.

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Party (law)

A party is a person or group of persons that compose a single entity which can be identified as one for the purposes of the law.

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Perjury

Perjury is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters a generation material to an official proceeding.

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Personal property

Personal property is generally considered property that is movable, as opposed to real property or real estate.

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Plain view doctrine

In the United States plain view doctrine allows an officer to seize, without a warrant, evidence and contraband that are found in plain view during a lawful observation.

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Potter Stewart

Potter Stewart (January 23, 1915December 7, 1985) was an Associate Justice of the United States Supreme Court, serving from 1958 to 1981.

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Privacy laws of the United States

The privacy laws of the United States deal with several different legal concepts.

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Probable cause

In United States criminal law, probable cause is the standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal or the issuing of a search warrant.

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Queen's Messenger

The Corps of Queen's Messengers are couriers employed by the British Foreign and Commonwealth Office.

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Reasonable person

In law, a reasonable person, reasonable man, or the man on the Clapham omnibus is a hypothetical person of legal fiction crafted by the courts and communicated through case law and jury instructions.

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Richard Henry Lee

Richard Henry Lee (January 20, 1732June 19, 1794) was an American statesman from Virginia best known for the Lee Resolution, the motion in the Second Continental Congress calling for the colonies' independence from Great Britain.

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Right to privacy

The right to privacy is an element of various legal traditions to restrain governmental and private actions that threaten the privacy of individuals.

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Right to property

The right to property or right to own property (cf. ownership) is often classified as a human right for natural persons regarding their possessions.

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Riley v. California

Riley v. California, is a landmark United States Supreme Court case in which the Court unanimously held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional.

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Safford Unified School District v. Redding

Safford Unified School District v. Redding,, was a United States Supreme Court case in which the Court held that a strip search of a middle schooler violated the Fourth Amendment to the United States Constitution where the school lacked reasons to suspect either that the drugs (Ibuprofen) presented a danger or that they were concealed in her underwear.

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Samson v. California

Samson v. California, 547 U.S. 843 (2006), is a United States Supreme Court case in which the Court affirmed the decision of the California Court of Appeal; which held that suspicionless searches of parolees are lawful under California law and that the search in this case was reasonable under the Fourth Amendment to the United States Constitution because it was not arbitrary, capricious, or harassing.

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Schmerber v. California

Schmerber v. California,, was a landmark United States Supreme Court case in which the Court clarified the application of the Fourth Amendment's protection against warrantless searches and the Fifth Amendment right against self-incrimination for searches that intrude into the human body.

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Schneckloth v. Bustamonte

Schneckloth v. Bustamonte,, was a U.S. Supreme Court case in which the high court ruled that in a case involving a consent search, while knowledge of a right to refuse consent is a factor to be taken into account, the state does not need to prove that the one who is giving permission to search knows that he has a right to withhold his consent under the Fourth Amendment to the United States Constitution.

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SCOTUSblog

SCOTUSblog is a law blog written by lawyers, law professors, and law students about the Supreme Court of the United States (sometimes abbreviated "SCOTUS").

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Search and seizure

Search and Seizure is a procedure used in many civil law and common law legal systems by which police or other authorities and their agents, who, suspecting that a crime has been committed, commence a search of a person's property and confiscate any relevant evidence found in connection to the crime.

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Search warrant

A search warrant is a court order that a magistrate or judge issues to authorize law enforcement officers to conduct a search of a person, location, or vehicle for evidence of a crime and to confiscate any evidence they find.

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Section 8 of the Canadian Charter of Rights and Freedoms

Section 8 of the Canadian Charter of Rights and Freedoms provides everyone in Canada with protection against unreasonable search and seizure.

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Semayne's case

Semayne's Case (January 1st, 1604) 5 Coke Rep.

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Sheriff

A sheriff is a government official, with varying duties, existing in some countries with historical ties to England, where the office originated.

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Sherman Antitrust Act

The Sherman Antitrust Act (Sherman Act) is a landmark federal statute in the history of United States antitrust law (or "competition law") passed by Congress in 1890 under the presidency of Benjamin Harrison.

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Silverman v. United States

Silverman v. United States,, is a United States Supreme Court case in which the Court unanimously held that a federal officer may not, without warrant, physically place themselves into the space of a person's office or home to secretly observe or listen and relate at the man's subsequent criminal trial what was seen or heard.

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Silverthorne Lumber Co. v. United States

Silverthorne Lumber Co.

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Skinner v. Railway Labor Executives Ass'n

Skinner v. Railway Labor Executives Association,, was the U.S. Supreme Court case that paved the way for random drug testing of public employees in "safety sensitive" positions.

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Smith v. Maryland

Smith v. Maryland, 442 U.S. 735 (1979), was a case in which the Supreme Court of the United States held that the installation and use of the pen register was not a "search" within the meaning of the Fourth Amendment, and hence no warrant was required.

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Soldal v. Cook County

Soldal v. Cook County,, was a United States Supreme Court case in which the Court held that a seizure of property like that which occurs during an eviction, even absent a search or an arrest, implicates the Fourth Amendment.

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State school

State schools (also known as public schools outside England and Wales)In England and Wales, some independent schools for 13- to 18-year-olds are known as 'public schools'.

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Strip search

A strip search is a practice of searching a person for weapons or other contraband suspected of being hidden on their body or inside their clothing, and not found by performing a frisk search, by requiring the person to remove some or all of his or her clothing.

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Subpoena ad testificandum

A subpoena ad testificandum is a court summons to appear and give oral testimony for use at a hearing or trial.

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Subpoena duces tecum

A subpoena duces tecum (pronounced in English, but not in Latin), or subpoena for production of evidence, is a court summons ordering the recipient to appear before the court and produce documents or other tangible evidence for use at a hearing or trial.

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Supreme Court of the United States

The Supreme Court of the United States (sometimes colloquially referred to by the acronym SCOTUS) is the highest federal court of the United States.

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Telecommunication

Telecommunication is the transmission of signs, signals, messages, words, writings, images and sounds or information of any nature by wire, radio, optical or other electromagnetic systems.

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Telephone booth

A telephone booth, telephone kiosk, telephone call box, telephone box or public call box is a small structure furnished with a payphone and designed for a telephone user's convenience.

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Terry stop

In the United States, a Terry stop is a brief detention of a person by police on reasonable suspicion of involvement in criminal activity but short of probable cause to arrest.

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Terry v. Ohio

Terry v. Ohio, 392 U.S. 1 (1968), was a decision by the United States Supreme Court which held that the Fourth Amendment prohibition on unreasonable searches and seizures is not violated when a police officer stops a suspect on the street and frisks him or her without probable cause to arrest, if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime and has a reasonable belief that the person "may be armed and presently dangerous." For their own protection, after a person has been stopped, police may perform a quick surface search of the person’s outer clothing for weapons if they have reasonable suspicion that the person stopped is armed.

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The Volokh Conspiracy

The Volokh Conspiracy is a blog, founded in 2002, covering legal and political issues from an ideological orientation it describes as "generally libertarian, conservative, centrist, or some mixture of these." Its name is a joking reference to Hillary Clinton's reference to a "vast right-wing conspiracy".

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Thomas Jefferson

Thomas Jefferson (April 13, [O.S. April 2] 1743 – July 4, 1826) was an American Founding Father who was the principal author of the Declaration of Independence and later served as the third president of the United States from 1801 to 1809.

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Totality of the circumstances

In the law, the totality of the circumstances test refers to a method of analysis where decisions are based on all available information rather than bright-line rules.

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Traffic stop

A traffic stop, commonly called being pulled over, is a temporary detention of a driver of a vehicle by police to investigate a possible crime or minor violation of law.

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Trespass

Trespass is an area of criminal law or tort law broadly divided into three groups: trespass to the person, trespass to chattels and trespass to land.

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Trupiano v. United States

Trupiano v. United States,, was a US Supreme Court decision that ruled that warrantless searches following arrests were unconstitutional under the Fourth Amendment to the United States Constitution.

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U.S. Customs and Border Protection

United States Customs and Border Protection (CBP) is the largest federal law enforcement agency of the United States Department of Homeland Security.

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United States Bill of Rights

The Bill of Rights is the first ten amendments to the United States Constitution.

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United States Constitution

The United States Constitution is the supreme law of the United States.

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United States Court of Appeals for the Fourth Circuit

The United States Court of Appeals for the Fourth Circuit (in case citations, 4th Cir.) is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts.

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United States Court of Appeals for the Ninth Circuit

The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is a U.S. Federal court with appellate jurisdiction over the district courts in the following districts.

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United States courts of appeals

The United States courts of appeals or circuit courts are the intermediate appellate courts of the United States federal court system.

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United States district court

The United States district courts are the general trial courts of the United States federal court system.

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United States Foreign Intelligence Surveillance Court of Review

The United States Foreign Intelligence Surveillance Court of Review (FISCR) is a U.S. federal court whose sole purpose is to review denials of applications for electronic surveillance warrants (called FISA warrants) by the United States Foreign Intelligence Surveillance Court (or FISC).

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United States v. Arnold

United States v. Arnold, 533 F.3d 1003 (9th Cir. 2008), is a United States court case in which the United States Court of Appeals for the Ninth Circuit held that the Fourth Amendment to the United States Constitution does not require government agents to have reasonable suspicion before searching laptops or other digital devices at the border, including international airports.

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United States v. Dunn

United States v. Dunn, 480 U.S. 294 (1987), is a U.S. Supreme Court decision relating to the open fields doctrine limiting the Fourth Amendment of the U.S. Constitution.

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United States v. Flores-Montano

United States v. Flores-Montano,, was a United States Supreme Court case in which the Court held that customs agents may remove the gas tank from a vehicle crossing the international border in an effort to look for contraband.

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United States v. Janis

United States v. Janis, (1976) was a Supreme Court Case that found Max Janis and Morris Levine guilty of illegal bookmaking activities in Los Angeles in a 5-3 ruling.

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United States v. Jones

United States v. Jones,, was a United States Supreme Court case which held that installing a Global Positioning System (GPS) tracking device on a vehicle and using the device to monitor the vehicle's movements constitutes a search under the Fourth Amendment.

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United States v. Leon

United States v. Leon,, was a Supreme Court case about drugs in which the Supreme Court of the United States created the "good faith" exception to the exclusionary rule.

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United States v. Martinez-Fuerte

United States v. Martinez-Fuerte, was a decision of the United States Supreme Court that allowed the United States Border Patrol to set up permanent or fixed checkpoints on public highways leading to or away from the Mexican border and that the checkpoints are not a violation of the Fourth Amendment.

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United States v. Matlock

United States v. Matlock, 415 U.S. 164 (1974) was a Supreme Court of the United States case in which the Court ruled that the Fourth Amendment prohibition on unreasonable searches and seizures was not violated when the police obtained voluntary consent from a third party who possessed common authority over the premises sought to be searched.

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United States v. Mendenhall

United States v. Mendenhall,, was a United States Supreme Court case.

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United States v. Montoya De Hernandez

United States v. Montoya De Hernandez, 473 U.S. 531 (1985), was a U.S. Supreme Court case regarding the Fourth Amendment's border search exception and balloon swallowing.

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United States v. Rabinowitz

United States v. Rabinowitz,, was a United States Supreme Court case which the Court held that warrantless searches immediately following an arrest are constitutional.

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United States v. United States District Court

United States v. U.S. District Court,, also known as the Keith case, was a landmark United States Supreme Court decision that upheld, in a unanimous 8-0 ruling, the requirements of the Fourth Amendment in cases of domestic surveillance targeting a domestic threat.

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USA Today

USA Today is an internationally distributed American daily, middle-market newspaper that serves as the flagship publication of its owner, the Gannett Company.

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Utah v. Strieff

Utah v. Strieff, 579 U.S. ___, 136 S. Ct.

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Virginia Declaration of Rights

The Virginia Declaration of Rights is a document drafted in 1776 to proclaim the inherent rights of men, including the right to reform or abolish "inadequate" government.

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Virginia v. Moore

Virginia v. Moore,, is a Supreme Court of the United States case that addresses use of evidence obtained by police in a search incident to an arrest if that arrest is later found to be unlawful.

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Warden v. Hayden

Warden v. Hayden,, was a United States Supreme Court case that held that 'mere evidence' may be seized and held as evidence in a trial.

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Warrant (law)

A warrant is generally an order that serves as a specific type of authorization, that is, a writ issued by a competent officer, usually a judge or magistrate, which permits an otherwise illegal act that would violate individual rights and affords the person executing the writ protection from damages if the act is performed.

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Weeks v. United States

Weeks v. United States,, was a United States Supreme Court case in which the Court unanimously held that the warrantless seizure of items from a private residence constitutes a violation of the Fourth Amendment.

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Wolf v. Colorado

Wolf v. Colorado, 338 U.S. 25 (1949) was a United States Supreme Court case in which the Court held 6-3 that, while the Fourth Amendment was applicable to the states, the exclusionary rule was not a necessary ingredient of the Fourth Amendment's right against warrantless and unreasonable searches and seizures.

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Writ

In common law, a writ (Anglo-Saxon gewrit, Latin breve) is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court.

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Writ of assistance

A writ of assistance is a written order (a writ) issued by a court instructing a law enforcement official, such as a sheriff or a tax collector, to perform a certain task.

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1st United States Congress

The First United States Congress, consisting of the United States Senate and the United States House of Representatives, met from March 4, 1789, to March 4, 1791, during the first two years of George Washington's presidency, first at Federal Hall in New York City and later at Congress Hall in Philadelphia.

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Redirects here:

4th Amendment to the United States Constitution, Amendment 4 of the United States Constitution, Amendment IV of the United States Constitution, Fourth Amendment (U.S. Constitution), Fourth Amendment of the Constitution of the United States, Fourth Amendment of the United States Constitution, Fourth Amendment to the Constitution of the United States, Fourth Amendment to the U.S. Constitution, Fourth Amendment to the US Constitution, Fourth Amendment to the Untied States Constitution, Fourth Amendment, U.S. Constitution, Fourth Amendment, US Constitution, Fourth Amendment, United States Constitution, Fourth amendment to the united states constitution, Illegal Search, The 4th amendment, The fourth amendment, U.S. Constitution, Fourth Amendment, US Constitution, Fourth Amendment, United States Constitution, Fourth Amendment, United States Constitution/Amendment Four, Unreasonable Search and Seizure, Unreasonable search and seizure.

References

[1] https://en.wikipedia.org/wiki/Fourth_Amendment_to_the_United_States_Constitution

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