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The Bill of Rights in the National Archives. The Fourth Amendment (Amendment IV) to the United States Constitution is part of the Bill of Rights.It prohibits unreasonable searches and seizures and sets requirements for issuing warrants: warrants must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must particularly describe the place to be ...
Pages in category "United States Fourth Amendment case law" The following 200 pages are in this category, out of approximately 253 total. This list may not reflect recent changes .
Elkins v. United States, 364 U.S. 206 (1960), was a US Supreme Court decision that held the "silver platter doctrine", which allowed federal prosecutors to use evidence illegally gathered by state police, to be a violation of the Fourth Amendment to the United States Constitution.
Kaufman v. United States, 394 U.S. 217 (1969), was a United States Supreme Court case decided in 1969. In a majority opinion authored by Justice William J. Brennan, Jr., the Court held that criminal defendants could bring claims that evidence against them was obtained in violation of the Fourth Amendment to the United States Constitution in a collateral attack under the federal habeas corpus ...
The Fourth Amendment guards against unreasonable searches and seizures. The exclusionary rule is not derived from the Fourth Amendment, rather it is the judicial remedy for a violation of the Fourth Amendment. Although the exclusionary rule was originally implemented as a guard for privacy rights, after United States v.
Weeks v. United States, 232 U.S. 383 (1914) was a United States Supreme Court case in which the Court unanimously held that the warrantless seizure of items from a private residence constitutes a violation of the Fourth Amendment to the U.S. Constitution. [1]
Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971), was a case in which the US Supreme Court ruled that an implied cause of action existed for an individual whose Fourth Amendment protection against unreasonable search and seizures had been violated by the Federal Bureau of Narcotics.
Ohio v. Robinette, 519 U.S. 33 (1996), was a United States Supreme Court case in which the Court held that the Fourth Amendment does not require police officers to inform a motorist at the end of a traffic stop that they are free to go before seeking permission to search the motorist's car.