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U.S. Constitution 4th Amendment

U.S. Constitution > 4th Amendment - Search and Seizure

Security from unreasonable searches and seizures. 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.

[Proposed by Congress in 1789 and ratified by the necessary number of states in 1791]

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Questions & Answers: Search and Seizure

Shanna, You can read about and download free communication cards here: http://www.hearinglosshelp.com/articles/visorcards.htm Steve Daily LawServer...

do the cops have to give you a copy of a search warrant before the do the search? And do they have the right to put handcuffs on you when you do not pose a threat while they search...

I've just found out that a very close friend of mine has been recording me on various occasions without my consent or knowledge and he is now using these voice recordings in a crim...

Marinel, First, you should be aware that in some states it is lawful to record a conversation as long as one person in the conversation consents. So your friend may not have done ...

Just because a person gets caught for driving without a license does that give officers probable cause to search your car without consent?...

I am filing my husbands post conviction relief petition for indiana that i printed off as a sample and formatted myself if she doesnt like my husband can she throw that petition ou...

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Comments (6) add comment

Vickie: ...

Can someone other than the police frisk you?

November 05, 2012

Steven Daily: ...

Vickie,

If you are walking down the street and someone just walks up and frisks you without your permission, then they have probably committed the crime of battery: unlawful touching of another. In most cases, however, frisking is performed in private facilities for security purposes, and there is generally a sign posted advising that entry into the facility is deemed consent to such a search. If you give the circumstances you are asking about you might get a more specific answer.

Steve Daily
LawServer

November 05, 2012

Marinel: ...

I've just found out that a very close friend of mine has been recording me on various occasions without my consent or knowledge and he is now using these voice recordings in a criminal case he has pending with another individual. What would be the procedure in order to report this bad action?

January 23, 2013

Steven Daily: ...

Marinel,

First, you should be aware that in some states it is lawful to record a conversation as long as one person in the conversation consents. So your friend may not have done anything unlawful. In what state did the conversations take place? Is that also the state where both of you live?

Steve Daily
LawServer.com

January 23, 2013

aline: ...

Just because a person gets caught for driving without a license does that give officers probable cause to search your car without consent?

January 30, 2013

laurie whitis: ...

I am filing my husbands post conviction relief petition for indiana that i printed off as a sample and formatted myself if she doesnt like my husband can she throw that petition out? unsure if it goes to indiana court of appeals its for a petition to revoke ?

February 05, 2013