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Blog Posts in Fourth Amendment

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  • Legitimate Expectation of Privacy During a Home Search
    Legitimate Expectation of Privacy During a Home Search

    Privacy is one of the fundamental rights given to us by the United States Constitution. This has been best described as a “legitimate expectation of privacy” of the area to be searched. Our Founding ...

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  • Unreasonable Searches & Seizures
    Unreasonable Searches & Seizures

    Privacy is one of the fundamental rights of the American constitution, as the government believes its people deserve the right to protect their property and assets as best as they see fit. Law ...

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  • Cars Stopped By the Police are a Detention Under the 4th Amendment
    Cars Stopped By the Police are a Detention Under the 4th Amendment

    A vehicle stopped by the police is a detention governed by the 4 th Amendment. Detaining motorists, i.e., stopping a person by the police activating their red lights/siren, is a detention even if its ...

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  • Detention Under the Fourth Amendment
    Detention Under the Fourth Amendment

    Many of us are aware of our rights, including the Fourth Amendment, which prohibits unreasonable searches and seizures without a legal search warrant, which can only be obtained with probable cause. ...

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  • Burden of Proof Moved to Prosecution After Appellate Decision Was Made
    Burden of Proof Moved to Prosecution After Appellate Decision Was Made

    In a recent case our team handled, a trial judge refused to recognize that drawing someone's blood is a Fourth Amendment issue. The Fourth Amendment to the U.S. Constitution protects citizens from ...

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  • DMV DUI Arrest Drugs
    DMV DUI Arrest Drugs

    If arrested for DUI , no alcohol, Drugs only, the police should not take your drover's license and give you a temporary license. One is not required to contact the the DMV within 10 days if the DUI ...

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