4th Amendment Rule In Los Angeles
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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 ...
The vehicle exception provides that, if a law enforcement officer has probable cause to believe that a readily mobile vehicle has evidence or contraband located in it, a search of that vehicle may be conducted without first obtaining a warrant.
There are two requirements for a valid search under the vehicle exception: (1) there must be probable cause to believe that evidence of a crime or contraband is located in the vehicle to be searched; and (2) the vehicle must be “readily mobile.” The vehicle need not be moving, but must be capable of ready movement, at ...
To claim a violation of Fourth Amendment rights as the basis for suppressing relevant evidence, courts have long required that the claimant must prove that they were the victim of an invasion of privacy to have a valid standing.
For instance, the automobile exception allows an officer to make a warrantless traffic stop and search a truck of a vehicle when gun parts were observed in plain view on the front seat of the vehicle.
The Fourth Amendment's Influence on Vehicle Searches in California. The Fourth Amendment requires probable cause for law enforcement to search vehicles, aiming to prevent unreasonable searches and seizures.
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.
California Code of Civil Procedure Section 704.010 exempts the aggregate equity in motor vehicles, proceeds from the execution sale of a motor vehicle, or proceeds from loss, damage or destruction of a motor vehicle in the amount of $3,050.
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.
All searches and seizures under the Fourth Amendment must be reasonable and no excessive force shall be used. Reasonableness is the ultimate measure of the constitutionality of a search or seizure. Searches and seizures with the warrant must also satisfy the reasonableness requirement.
