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Published byBenjamin Newman Modified over 6 years ago
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Protection against UNREASONABLE search and seizure
4th Amendment Protection against UNREASONABLE search and seizure
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Legal searches In order for a search to be legal, police must have:
PROBABLE CAUSE—strong suspicion based on evidence SEARCH WARRANT—court order from a judge. States the person/place to be searched, describes things to be seized
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NO WARRANT NEEDED Police may search without a warrant as long as it is REASONABLE Most arrests take place without a warrant because there is PROBABLE CAUSE Examples: cars, items in plain view, subject flees, garbage on the curb, emergency situations, airport
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WARRANT NEEDED Warrants are usually necessary in areas where people have REASONABLE EXPECTATIONS OF PRIVACY Examples: Home, home telephone (wiretapping)
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