are kids protected against warrantless searches?

Question

this one's also about the fourth amendment

Answer 1

Kids without the consent of their parents or guardian cannot be searched without warrants.

Answer 2

1

Answer 3

Not anymore, not for kids nor any adult.

USA PATRIOT Act

http://en.wikipedia.org/wiki/USA_PATRIOT_Act

(Snipped from the Wikipedia article)

Much criticism against the 2001 Act had been directed at the provisions for Sneak-and-Peek searches — a term coined by the FBI.

Critics argued that Provision 213 authorizes "surreptitious search warrants and seizures upon a showing of reasonable necessity and eliminates the requirement of Rule 41 of the Federal Rules of Criminal Procedure that immediate notification of seized items be provided."[2]

In special cases covered by FISA (amended by the USA PATRIOT Act), the warrants may come from the Foreign Intelligence Surveillance Court (FISC) instead of a common Federal or State Court.

FISC warrants are not public record and therefore are not required to be released.

Other warrants must be released, especially to the person under investigation.

A second complaint against Sneak-and-Peek searches is that the owner of the property (or person identified in business/library records) does not have to be told about the search.

There is a special clause that allows the Director of the FBI to request phone records for a person without ever notifying the person.

For all other searches, the person must be notified, but not necessarily before the search.

The judge providing the warrant may allow a delay in notification when there is risk of:

endangering the life or physical safety of an individual;
flight from prosecution;
destruction of or tampering with evidence;
intimidation of potential witnesses; or
otherwise seriously jeopardizing an investigation or unduly delaying a trial.

The delays are on average 7 days, but have been as long as 90 days. [1] Section 213, which federal agencies report they have used 155 times since 2001, does not expire later this year like other USA PATRIOT Act provisions.

The American Civil Liberties Union argues that the term "serious jeopardy" is too broad "and must be narrowly curtailed."[3]

However, "sneak and peek" searches have been in use for a long time in criminal cases.

Title II of the USA PATRIOT Act was intended to bring the monitoring of foreign powers and the agents of foreign powers into line with such criminal legislation.

The main difference between criminal and FISA delayed notification on search warrants is that FISA warrants use a different legal standard when approving such orders (they use reasonable cause, not probable cause).

Much more info here:

http://en.wikipedia.org/wiki/USA_PATRIOT_Act


Countdown: Warrantless physical searches

It never stops with this administration.

Turley is up in arms over this one, calling it horrific-saying it removes the 4th amendment from the Constitution.

He also rips Congress for laying down like dogs and not even holding serious hearing on the NSA warrantless searches.

Turley: ...the fact that it was so quick as a suggestion shows the inclinations unfortunately of this administration-it treats the constitution like some legal technicality, and instead of the thing we're trying to fight to protect.

Video-WMP

http://movies.crooksandliars.com/Countdown-Turley-goodbye-constitution.wmv


Video-QT

http://movies.crooksandliars.com/Countdown-Turley.mov


A Google Search on:

+"bush" +"fourth amendment"

http://www.google.com/search?hl=en&lr=&safe=off&q=%2B%22bush%22+%2B%22fourth+amendment%22

http://tinyurl.com/y95e9e

Answer 4

Kids are people under the Constitution, so yeah, they have the same protection under the 4th amendment. But remember, you don't necessarily need a warrant to search. The exceptions swallow the rule. But I won't give you a Con Law tutorial....

Answer 5

Depends. At home, yes they are protected, unless the parents consent.

At school - nope. They can search anyone and anything they want. Lockers, cars, persons, etc.

The constitution is actually kind of vauge when it comes to kids. To a certain extent, their rights are an extension of the parents'.

There are exceptions of course.

Answer 6

I think this depends on where they are. Home yes they are protected. Now at school I believe they are not protected. I think they have a right to anything they want to search weather it be a bookbag, locker, or whatever.

Answer 7

No.
If a police officer has probable cause they legally have the right to search you.

Answer 8

yes

Answer 9

not at school