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4th Amendment Search and Seizure - U.S. Constitution - Findlaw

Fourth Amendment U.S. Constitution: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches...
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This article says the history of the fourth amendment.  It also says how authorities can get warrents to search your belognings.  If you are arrested or are suspected of a crime they are also aloud to search your home.

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Cop violates the 4th Amendment and arrests person for exercising his rights.

This is Texas DPS Highway Patrol Officer David Farrell using excessive force when he didn't get consent to search a vehicle on 11/07/2009 in Sanger Texas at ...
August Pittius's insight:

This corrupt cop violates 2 texan citizins 4th amendment rights when they exersize them.  This is an example of a power hungry police officer.

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Maureen Disque's comment, March 5, 3:12 PM
The cop shouldn't have made the 2 citizens get out of their car. Going against their 4th amendment rights is against the constitution and can easily be held up in court.
Mitchell Forrest Enerson's curator insight, April 28, 3:39 PM

Just another police officer that can't control himself and understand that he is a citizen like everyone else. These people clearly do not want the officer anywhere near their car. Great to see people that understand the constitution and their rights. Also a great job of proving that the government is trying to become to powerful over citizens. 

Austin Robertson's comment, April 28, 3:58 PM
This is just going to show you how crazy America is getting. Our government is slowly going to take us over. The police had no reason to do what they did hear. But like that person said, power can get to anyone's head and cause them to do outrageous things.
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544 U.S. 93 (2005) - Google Scholar

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This article is an example of how drug users use the fourth amendment to their advantage.  Even if they are caught with the drug on their person the pursuing police officer may not be able to search him without probable cause or a warrent.  If the drug user is educated and knows how to use the amendment to his advantage then he may be able to get off the hook.

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Police seizure of text messages violated 4th Amendment, judge rules

Police seizure of text messages violated 4th Amendment, judge rules | The 4th amendment | Scoop.it
But legality of warrantless cell phone seizures is still unsettled nationwide.
August Pittius's insight:

I feel that police should not be able to search your phones under the 4th amendment either.  If our founding father knew of our technological advance i'm almost positive that electronics would fall under the rules of the constitution as well.  Even if the phone was beeping it was no the officers right to touch the cell phone that was not his, yes it helped him find the culprit but still went against the constituional rights.

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MsHaeussinger's comment, March 17, 2013 5:05 PM
Kaysee, you see this case with some great logic!
Mackenzie Horn's curator insight, February 26, 10:02 AM

I think that the police had every right to look through her cell phone. They found all of the evidence they needed when they looked through the phone. I think it is ridiculous that anyone could do that to their child and then fight against the ruling. What do you think? 

Austin Robertson's comment, April 29, 11:01 PM
I believe that this is very wrong and it does violate our fourth ammendment. As long as you are minding your own business the cops should have no reason to check your phone. I don't care how high up they are. Only time they should be able to check your phone is if your making threats.
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Understanding Search and Seizure Law | Nolo.com

Understanding Search and Seizure Law | Nolo.com | The 4th amendment | Scoop.it
Learn when the government can invade your privacy to hunt for evidence of a crime.
August Pittius's insight:

This article goes into more detail about how the amendment really works.  The court system does a two step questioning process if presented with this kind of case.  They see if you were entitled to privacy at the time and if you think you were.  

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Fourth Amendment | U.S. Constitution | LII / Legal Information Institute

Fourth Amendment | U.S. Constitution | LII / Legal Information Institute | The 4th amendment | Scoop.it
August Pittius's insight:

This article from the legel information institute is just a credible website stating what the fourth amendment entails.  

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The 4th Amendment

August Pittius's insight:

I like this amendment because unless you are known for hiding illegal items or show probabal cause then you will not be able to be searched.  Your house can also be searched if they have a warrent signed by a higher power.  If the object that was presented on the warrent was not found the case will most likely be dismissed.  Many police officers ask if they have permission but sometimes uneducated people do not know their rights and unknowingly let the police take advantage.  This is a credible source.

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SIGNIFICANT FOURTH AMENDMENT CASES BEFORE U.S. SUPREME COURT

SIGNIFICANT FOURTH AMENDMENT CASES BEFORE U.S. SUPREME COURT | The 4th amendment | Scoop.it
The U.S. Supreme Court has agreed to hear two cases—one from Missouri, the other from Florida—that will have a significant impact on nation’s criminal justice system, regardless of how the court ultimately decides the cases.
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This article is about an arresting officer pursuing a drunk or a DWI.  The defendent, Mr.Mcneely, was driving in california a 2 am and was pulled over by an officer for a routine check.  The officer assumed the driver was intoxicated when he had bloodshot eyes, slurred voice and the smell of alcohol.  The officer took Mcneely to a local hospital to check for intoxication after he refused to a breathilizer test.  The doctor taking care of Mcneely was ordered for a blood draw to test for alcohol which was exceeding the limit.  Mcneely claimed to be violated of his fourth amendment rights but what quickly reminded of the implied consent law.

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Austin Robertson's comment, April 29, 11:00 PM
I believe the officer had very right to pull this man over. Even though the man is going to argue that his fourth ammendment rights were being violated, they weren't. The officer had probable cause to take the man into the hospital to get him tested. He is doing his job.
Brian Bertram's curator insight, April 30, 11:43 AM

In this article the Supreme Court takes on two cases that have to do with searches. The first one is whether or not it is ok to use a blood sample that was taken without consent or a warrant  as a means for arrest.  The other one deals with dog searches and whether or not they require a warrant.  I think the blood one should not require a warrant because that keeps other people safe by taking a drunk driver off the road.  Also, I think that searching a persons property with a dog without a warrant is not ok.  That should require a warrant because otherwise they are trespassing on someone's property.

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Drug-Sniffing Dogs and the Fourth Amendment

Drug-Sniffing Dogs and the Fourth Amendment | The 4th amendment | Scoop.it
The constitutional protection from searches without a warrant should include protection from the police using a dog to smell for drugs.
August Pittius's insight:

Police officers using dogs to find illegal contraband does not go against the 4th amendment because the officer does not enter the house.  The dog does a "clean air sniff" to make sure drugs are not in the area.  It is a very good way to get past educated drug dealers/users.

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Ian (ACL) Whitney's curator insight, February 26, 10:24 PM

Dogs have super sniffers that can, if trained properly, smell drugs and other illegal things from several yard away, even within buildings or objects. So I think it's against the 4th amendment to have a dog with that power sniff out something when a warrant isn't even issued.

Kenna Johnson's curator insight, March 6, 1:12 AM

This is really interesting. There is such a fine line between what is and is not considered constitutional. In the first case the cop was clearly in the wrong and was impeding on the mans privacy. This relates to the 4th amendment because the 4th amendment means having the right to privacy and refusing to have, in this case, your house/car sniffed out without having a specific purpose.

Margaret Silhasek's comment, March 9, 1:48 AM
I definitely think that dogs should be allowed sniff around a property, but if it finds something I don't think police should be able to take it until they have their search warrant.
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4th Amendment Search and Seizure - U.S. Constitution - Findlaw

Fourth Amendment U.S. Constitution: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches...
August Pittius's insight:

This article says the history of the fourth amendment.  It also says how authorities can get warrents to search your belognings.  If you are arrested or are suspected of a crime they are also aloud to search your home.

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How to Refuse a Police Search

MORE INFO ON DEALING WITH POLICE ...... Know-Your-Rights DVDs: ‪http://flexyourrights.org/shop Got questions about dealing with cops? We got answers: ‪http:/...
August Pittius's insight:

This is a perfect example of what a power hungry cop would do and what an educated citizin should do when confronted by a cop like this.

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U.S. Constitution - Amendment 4 - The U.S. Constitution Online - USConstitution.net

U.S. Constitution - Amendment 4 - The U.S. Constitution Online - USConstitution.net | The 4th amendment | Scoop.it
Amendment 4 of the United States Constitution
August Pittius's insight:

This is another credible source stating that people have the right to keep documents, and all belongings private if they are not suspected of a crime.  If a warrent is present it has to be specific with what they a re looking for and the location of it.

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