Modern jurisprudence has afforded the exclusionary rule to ensure that evidence improperly collected is excluded from trial. This gives law enforcement officers an incentive to respect the amendment.
The second part of the amendment provides for the proper issue of warrants. When warrants are issued, there must be probable cause... displayed 300 characters
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When warrants are issued, there must be probable cause. Probable cause is tested using the "totality of circumstances" test as defined in Illinois v. Gates, 462 U.S. 213 (1983).
Reasonable expectation of privacy
Not every incident where an officer ascertains information is considered a "search... displayed next 300 characters
Colorado where in the Court applied the Fourth Amendment to the states through the Fourteenth Amendment due process clause. The Court considered the prohibition against unreasonable searches or seizures to be a right basic to a free society and implicit in the concept of ordered liberty...
A Federal Judge agreed that the items were illegally seized and must be returned to Mr. Weeks. Mr. Weeks then appealed his conviction, reasoning that if his personal belongings had been illegally seized that night, then all evidence that was seized that night was done so illegally...
Instead, the rule's prime purpose is to deter future unlawful police conduct and thereby effectuate the guarantee of the Fourth Amendment against unreasonable search and seizures: `The rule is calculated to prevent, not to repair...
People should understand that they have to give up some rights for their own safety. The thought of someone getting away for the mere fact that an authority could not find an adequate legal reason to search; even though there could be doubt enough to catch the criminal should be enough for every innocent individual to consent search upon themselves...
She did not want to share a marriage bed with Franz, but when she left him her lightness was not joy, it was emptiness. " What fell to her lot was not the burden [heaviness] but the unbearable lightness of being...
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