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Legal Definitions - Fourth Amendment

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The end of law is not to abolish or restrain, but to preserve and enlarge freedom.

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Definition of Fourth Amendment

The Fourth Amendment is a part of the U.S. Constitution that protects people from unreasonable searches and seizures by the government. It states that people have the right to be secure in their persons, houses, papers, and effects, and that no warrants shall be issued without probable cause and a specific description of what is being searched or seized.

For example, if a police officer wants to search someone's home, they need a warrant that specifically describes what they are looking for and why they believe it is there. If they do not have a warrant, they can only search if the person gives them permission or if there is an emergency situation.

The Fourth Amendment also requires that any evidence obtained through an illegal search or seizure cannot be used in court. This is known as the exclusionary rule.

There are some exceptions to the Fourth Amendment, such as when there is consent to search, when there is probable cause and an emergency situation, or when something is in plain view.

Overall, the Fourth Amendment is meant to protect people's privacy and prevent the government from abusing its power to search and seize without good reason.

Behind every great lawyer is an even greater paralegal who knows where everything is.

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Simple Definition

The Fourth Amendment is a part of the US Constitution that protects people from unreasonable searches and seizures by the government. This means that the government cannot search your things or take your stuff without a good reason and a warrant. However, there are some exceptions to this rule, like if you give the government permission to search or if there is an emergency. If the government violates your Fourth Amendment rights, any evidence they find cannot be used against you in court. The Fourth Amendment also applies to electronic devices like computers and phones. People on probation or parole also have Fourth Amendment rights, but there are some special rules for them.

The difference between ordinary and extraordinary is practice.

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Behind every great lawyer is an even greater paralegal who knows where everything is.

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