4th Amendment Rule In Arizona
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Other well-established exceptions to the warrant requirement include consensual searches, certain brief investigatory stops, searches incident to a valid arrest, and seizures of items in plain view.
"You have the right to remain silent." Few legal phrases are as well known as this one. Yet it did not exist until June 13, 1966, when the U.S. Supreme Court first announced it as a principle of American law in the landmark case of Miranda v. Arizona .
The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law.
The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government.
Generally, a person has no reasonable expectation of privacy for property and personal effects they hold open to the public. The Fourth Amendment does not protect things that are visible or in "plain view" for a person of ordinary and unenhanced vision.
So, yes, in California, when it comes to suppression of evidence in search and seizure, criminal defendants are limited to what the Fourth Amendment provides.
“What a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection.
For example, a sudden search of a driver's motor vehicle after a speeding ticket stop may constitute an illegal search and seizure if the law enforcement officer did not have probable cause to believe that the driver had committed another crime.
An arresting officer may search the arrestee's person to discover and remove weapons and to seize evidence to prevent its concealment or destruction, and they may search the area within the immediate control of the person arrested, meaning the area from which the person might gain possession of a weapon or destructible ...
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things ...
