This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
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.
In the United States, the Fourth Amendment of the Constitution guarantees protection against unreasonable searches and seizures. However, there may be circumstances when law enforcement officers conduct searches without obtaining a warrant, raising concerns about potential violations of individuals' civil liberties.
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.
The ultimate goal of this provision is to protect people's right to privacy and freedom from unreasonable intrusions by the government. However, the Fourth Amendment does not guarantee protection from all searches and seizures, but only those done by the government and deemed unreasonable under the law.
The primary way to amend the Constitution of the State of North Carolina is by a vote of the qualified voters of the State. The General Assembly first passes a law by a three-fifths vote of the members of both the House and Senate.
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 ...
NC Protections Against Evidence Obtained During Warrantless Searches. In the United States, the Fourth Amendment of the Constitution guarantees protection against unreasonable searches and seizures.
North Carolina recognizes the importance of upholding the Fourth Amendment rights of its citizens, which is reflected in its legal framework. In North Carolina, some protections prohibit the use of evidence obtained through illegal searches or seizures in court proceedings. N.C. Gen. Stat.