is the fourth amendment an absolute bar to all searches?
2007-03-17 15:07:22 · 3 answers · asked by Norma D 1 in Politics & Government ➔ Law & Ethics
no
2007-03-17 15:10:15 · answer #1 · answered by Anonymous · 0⤊ 0⤋
The Fourth Amendment states:
"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 to be seized." [Emphasis added.]
Probable cause is the ruling factor in this amendment. Probable cause means "facts or evidence that would lead a reasonable person to believe that a crime has been, is being, or will be committed and the person arrested is responsible." Thus, you would not be protected by the Fourth Amendment if there were facts or circumstances that led a reasonable person to suspect you had committed, or would commit, a crime.
2007-03-17 23:34:26 · answer #2 · answered by Venice Girl 6 · 0⤊ 0⤋
Not even close.
It prohibits unreasonable searches. As interpreted, any search without a warrant is unreasonable (hence invalid), unless one of several exceptions apply.
2007-03-17 22:44:09 · answer #3 · answered by coragryph 7 · 0⤊ 0⤋