Search & Seizure Law, USA Patriot Act, The Warrant Requirement and 4th Amendment
by Nick J. Content enthusiast
Nick J. Content enthusiast
The 4th Amendment protects two fundamental liberty interests: the right to privacy and the right to freedom from arbitrary invasion.
A search occurs when a government employee or agent violates a reasonable expectation of privacy. A seizure is the interference with an individual’s possessory interest in property. The property’s owner must have had a reasonable expectation of privacy in the items seized. A person is seized when law enforcement personnel use physical force to restrain the person if a reasonable person in a similar situation would not feel free to leave.
The prohibition on unreasonable searches and seizures restricts the actions law enforcement personnel may take when performing a criminal investigation; however, the ban also disallows unreasonable searches and seizures in the civil litigation context. Law enforcement may conduct a search only if individualized suspicion motivates the search. The Fourth Amendment prohibits generalized searches, unless extraordinary circumstances place the public in danger.
To sue regarding an alleged Fourth Amendment violation, the plaintiff must have a legitimate expectation of privacy at the searched location. This expectation must meet both the subjective and objective tests of reasonableness. The subjective test requires the plaintiff to genuinely expect privacy, and the objective test requires that, given the circumstances, a reasonable person in a similar situation also would have expected privacy.
Read our other articles for more information on United States Law.
https://blog.storymirror.com/read/bnhs3qp0/sixth-amendment-simplified-due-process-amendment-what-it-speaks-about
https://www.knowpia.com/s/blog_be93214cff7f99be
https://www.vingle.net/posts/3685721
https://www.atoallinks.com/2021/quid-pro-quo-sexual-harassment-concerning-workplace-sexual-harassment/
https://ed.ted.com/on/8jz2sKK4#digdeeper
https://shortkro.com/whats-misdemeanor-its-type-how-it-differs-from-felony/
http://fortunetelleroracle.com/news/status-offense-juvenile-offender-under-the-electronic-surveillance-probation-or-foster-group-296534
https://telegra.ph/Article-Electronic-Surveillance-in-the-Status-offense-03-16
https://uberant.com/article/1350505-what-is-a-misdemeanor-and-how-it-differs-from-felony?/
https://nick204.substack.com/p/electronic-surveillance-law-and-protection
https://www.vingle.net/posts/3620738?wsrc=link
https://shortkro.com/why-larceny-vs-theft-is-no-friend-to-privacy-laws/
https://chatabox.io/read-blog/14125_what-are-some-misdemeanor-charges-what-are-some-common-misdemeanors.html
https://www.deviantart.com/nickjacksoon/art/Misdemeanor-Examples-To-Differentiate-and-Define-874105785
https://blog.storymirror.com/read/bnhs3qp0/sixth-amendment-simplified-due-process-amendment-what-it-speaks-about
https://www.getlegal.com/legal-info-center/criminal-law/search-seizure-law/
Jun 22nd 2021 01:53
The 4th Amendment protects two fundamental liberty interests: the right to privacy and the right to freedom from arbitrary invasion.
A search occurs when a government employee or agent violates a reasonable expectation of privacy. A seizure is the interference with an individual’s possessory interest in property. The property’s owner must have had a reasonable expectation of privacy in the items seized. A person is seized when law enforcement personnel use physical force to restrain the person if a reasonable person in a similar situation would not feel free to leave.
The prohibition on unreasonable searches and seizures restricts the actions law enforcement personnel may take when performing a criminal investigation; however, the ban also disallows unreasonable searches and seizures in the civil litigation context. Law enforcement may conduct a search only if individualized suspicion motivates the search. The Fourth Amendment prohibits generalized searches, unless extraordinary circumstances place the public in danger.
To sue regarding an alleged Fourth Amendment violation, the plaintiff must have a legitimate expectation of privacy at the searched location. This expectation must meet both the subjective and objective tests of reasonableness. The subjective test requires the plaintiff to genuinely expect privacy, and the objective test requires that, given the circumstances, a reasonable person in a similar situation also would have expected privacy.
Read our other articles for more information on United States Law.
https://blog.storymirror.com/read/bnhs3qp0/sixth-amendment-simplified-due-process-amendment-what-it-speaks-about
https://www.knowpia.com/s/blog_be93214cff7f99be
https://www.vingle.net/posts/3685721
https://www.atoallinks.com/2021/quid-pro-quo-sexual-harassment-concerning-workplace-sexual-harassment/
https://ed.ted.com/on/8jz2sKK4#digdeeper
https://shortkro.com/whats-misdemeanor-its-type-how-it-differs-from-felony/
http://fortunetelleroracle.com/news/status-offense-juvenile-offender-under-the-electronic-surveillance-probation-or-foster-group-296534
https://telegra.ph/Article-Electronic-Surveillance-in-the-Status-offense-03-16
https://uberant.com/article/1350505-what-is-a-misdemeanor-and-how-it-differs-from-felony?/
https://nick204.substack.com/p/electronic-surveillance-law-and-protection
https://www.vingle.net/posts/3620738?wsrc=link
https://shortkro.com/why-larceny-vs-theft-is-no-friend-to-privacy-laws/
https://chatabox.io/read-blog/14125_what-are-some-misdemeanor-charges-what-are-some-common-misdemeanors.html
https://www.deviantart.com/nickjacksoon/art/Misdemeanor-Examples-To-Differentiate-and-Define-874105785
https://blog.storymirror.com/read/bnhs3qp0/sixth-amendment-simplified-due-process-amendment-what-it-speaks-about
https://www.getlegal.com/legal-info-center/criminal-law/search-seizure-law/
Jun 22nd 2021 01:53
Sponsor Ads
Comments
No comment, be the first to comment.