Can someone please tell me what it means when someone has had their "4th right" taken away- so that they're now a "4th right waiver" in the state of California? I don't know what any of this means and when I google it- well, I'm not finding anything that breaks it down for me. Thank you for your help!
2007-03-12 03:57:11 · 3 answers · asked by annathespian 4 in Politics & Government ➔ Law & Ethics
As you may have concluded, you left a word out. This is a 4th AMENDMENT waiver. Every person on parole in California, and many on probation, are required to waive their rights to be free from unreasonable search and seizure, and to allow their person or possessions to be searched upon request of a peace officer without probable cause. Case law says that such searches cannot be arbitrary or harrassing, a rule which (in my experience) seems to be honored more in the breach than the observance.
2007-03-12 06:47:24 · answer #1 · answered by Anonymous · 0⤊ 1⤋
Where have you heard this? That is not a common legal phrase, even among practitioners.
If you are talking about its use in criminal courts, then it might be referring to someone consenting to a search or seizure by law enforcement. You have a constitutional right in the 4th Amendment of the Constitution to be free of unreasonable searches and seizures. So when the cops ask to look in your trunk, say NO!
2007-03-12 06:23:17 · answer #2 · answered by EthanHunt 3 · 0⤊ 1⤋
The phrase as you are using it doesn't make sense.
You're probably talking about a waiver of 4th Amendment rights, which means giving consent to a search or seizure.
2007-03-12 05:13:53 · answer #3 · answered by coragryph 7 · 0⤊ 2⤋