The 4th Amendment and Search Warrants
The 4th Amendment and search warrants are aspects of Constitutional law. In fact, the right to be protected from illegal searches and seizures is specifically guaranteed by Constitution. A warrant is issued by courts, but the government must show probable cause that evidence important to solve a crime will be present before a court will allow for the intrusion. The 4th Amendment and search warrants therefore is all about the limitations on what the government can do and the requirement of probable cause.
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Frequently Asked Questions
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What Is A Search Warrant?
A search warrant is an order issued by a judge that authorizes police officers to conduct a search of a specific location. Before a search warrant may be issued, there must be a showing of probable … -
What Is Probable Cause?
This is a difficult one. There is not a bright-line rule establishing precisely what is and what is not probable cause. However, what has become apparent is that a finding of probable cause … more -
What If I Agree To The Search?
If you voluntarily consent to a search of your home, automobile, or person, than the officer can conduct a full search without a warrant. Anything that the officer finds can later be used against … more
Legal Articles
- Wrongful Convictions Resulting from False Confessions
In a substantial number of cases involving wrongful criminal convictions, innocent defendants voluntarily plead guilty, or otherwise confess to the crime with which they are charged. While it seems counterintuitive to the normal person to admit guilt to crime that he or she didn’t commit, innocent defendants sometimes erroneously admit guilt for a number of reasons, including fear … more - Do You Swear to Tell the Whole Truth? The Admissibility of Lie Detector Tests
One of the greatest challenges for the judge and jury in the courtroom is to determine which witnesses are telling the truth. While witnesses must promise to tell the truth before taking the witness stand, judges and juries often hear conflicting testimony that indicates someone is being untruthful. It might seem like the technology of the polygraph, also known as the lie detector … more
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