{"id":5647,"date":"2017-09-08T21:40:05","date_gmt":"2017-09-08T21:40:05","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=5647"},"modified":"2018-02-20T03:37:05","modified_gmt":"2018-02-20T03:37:05","slug":"how-to-enforce-the-fourth-amendment-protect-against-unreasonable-search-seizures-etc","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=5647","title":{"rendered":"4th Amendment – Supreme Court Rulings re: “Unreasonable Search and Seizure”"},"content":{"rendered":"
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\u00a0 \u00a0 \u00a0The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government.<\/strong> \u00a0[1]<\/span><\/p>\n

Transcript of The Fourth Amendment:<\/strong><\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 “<\/span>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.“<\/span><\/strong> <\/span>[2]<\/span><\/span><\/p>\n

Limitations;<\/span><\/strong><\/span>
\n Counterbalancing Public Safety and Tyranny:<\/span><\/strong><\/p>\n

\u00a0 \u00a0 \u00a0The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law.<\/span><\/strong><\/span><\/p>\n<\/div>\n

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\u00a0 \u00a0 \u00a0Whether a particular type of search is considered reasonable\u00a0in the eyes of the law,\u00a0is determined by balancing two important interests:<\/span><\/strong><\/span><\/p>\n

#1.) \u00a0the intrusion on an individual’s Fourth Amendment rights.<\/span><\/strong><\/span><\/p>\n

#2.) \u00a0legitimate government interests, such as public safety.<\/span><\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0Below is a list of Supreme Court Rulings which can be used to determine if an officer violated your Fourth Amendment\u00a0right. \u00a0When an officer deprives a civilian of rights, it is known as a<\/span> Color of Law Crime<\/a>. \u00a0A civilian may respond by:<\/span><\/span><\/strong><\/p>\n

#1.) \u00a0Filing a<\/span> Tort Claim<\/a> with the agency the officer(s) worked for. \u00a0<\/span><\/span><\/strong><\/p>\n

#2.) Filing a<\/span> Criminal Complaint<\/a> alongside <\/span>Probable Cause<\/a> (i.e. “evidence &<\/span> affidavit<\/a>“)<\/span><\/span><\/strong><\/p>\n

#3.) \u00a0Filing a<\/span> Civil Action<\/a>\u00a0using the<\/span>\u00a0Federal Rules of Civil Procedure<\/a>.\u00a0<\/span><\/span><\/strong><\/p>\n

\u00a0 \u00a0 \u00a0If the below rulings appear unjust\u00a0or\u00a0if you have have a unique\u00a0new circumstance\u00a0which has never been taken before the Supreme Court, you may challenge the law. \u00a0You never know\u2014\u00a0you just may set a<\/span> precedent<\/a>.<\/span><\/span><\/strong><\/p>\n<\/div>\n

Supreme Court Rulings to Enforce The Fourth Amendment:<\/strong><\/span><\/p>\n

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Minnesota v. Carter<\/em>, 525 U.S. 83 (1998)<\/span> –\u00a0 “The extent to which an individual is protected by the Fourth Amendment depends, in part, on the location of the search or seizure.” –\u00a0as follows<\/em>:<\/span><\/strong><\/span><\/p>\n

Home:<\/strong><\/span><\/p>\n

Payton v. New York<\/em>, 445 U.S. 573 (1980)<\/span>: \u00a0<\/span><\/strong><\/span>“Searches and seizures inside a home without a warrant are presumptively unreasonable.”<\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0However, there are some exceptions. \u00a0A warrantless search may be lawful:<\/strong><\/span><\/p>\n