Ratified on December 15th, 1791, and as part of the Bill of Rights, this amendment determines specifically when a search or seizure is deemed unreasonable.
An officer may search anywhere where there is probable cause to believe a vehicle could contain evidence of a crime. (Carrol v. United States)
However, what’s not protected includes:
- Items in plain view,
- open fields (outside curtilage),
- and abandoned property.
Additionally, according to Davis v. United States, United States v. Robinson, and Payton v. New York, searches without a warrant are still lawful if:
- Consent is given,
- the search is incident to a lawful arrest,
- there’s probable cause and/or exigent circumstances,
- and/or the items are in plain view.
Related:
Probable cause is present when facts in the officer’s investigation could lead a reasonable person to believe a crime may have been either committed or evidence of a crime remained in a specific location.
Writer’s Note:
Knowing your rights is something everyone should do. I might start posting about the other amendments as well, but this is by far one of the ones that is brought up most frequently. If you’ve got comments or suggestions, or want to submit your own work, don’t forget to explore the website and socials!
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