Fourth Amendment - Law Dictionary Search Results
Home Dictionary Name: fourth amendmentfourth amendment
fourth amendment The constitutional amendment guaranteeing people the right to be secure in their homes and property against unreasonable searches and seizures, and providing that no warrants shall issue except upon probable cause. Source: FindLaw ...
search
search 1 : an exploratory investigation (as of an area or person) by a government agent that intrudes on an individual's reasonable expectation of privacy and is conducted usually for the purpose of finding evidence of unlawful activity or guilt or to locate a person [warrantless es are invalid unless they fall within narrowly drawn exceptions "State v. Mahone, 701 P.2d 171 (1985)"] see also exigent circumstances, plain view probable cause at cause, reasonable suspicion search warrant at warrant compare seizure NOTE: The Fourth Amendment to the U.S. Constitution prohibits unreasonable searches and requires that a warrant may issue only upon probable cause and that the warrant must particularly describe the place to be searched. Some searches, such as a search incident to an arrest, have been held to be valid without a warrant. administrative search : an inspection or search carried out under a regulatory or statutory scheme esp. in public or commercial premises and usually to enf...
Constituent power
Constituent power, the expression 'constituent power' is used to describe only the nature of the power of amendment. Every amending power, however large or however small it might be, is a facet of a constituent power. The power, though described to be 'constituent power', still continues to be any 'amending power'. The scope and ambit of the power is essentially contained in the word 'amendment'. Hence, from the fact that the new Article specifically refers to that power as a constituent power, it cannot be understood that the contents of the power have undergone any change, Kesavananda Bharati v. State of Kerala, (1973) 4 SCC 225 (488): AIR 1973 SC 1461. [Constitution (Twenty Fourth) Amendment Act, 1971, s. 3(b)]...
cause
cause 1 : something that brings about an effect or result [the negligent act which was the of the plaintiff's injury] NOTE: The cause of an injury must be proven in both tort and criminal cases. actual cause : cause in fact in this entry but-for cause : cause in fact in this entry cause in fact : a cause without which the result would not have occurred called also actual cause but-for cause concurrent cause : a cause that joins simultaneously with another cause to produce a result called also concurring cause compare intervening cause and superseding cause in this entry di·rect cause : proximate cause in this entry ef·fi·cient in·ter·ven·ing cause : superseding cause in this entry intervening cause 1 : an independent cause that follows another cause in time in producing the result but does not interrupt the chain of causation if foreseeable called also supervening cause compare concurrent cause and superseding cause in this entry 2 : super...
curtilage
curtilage [Anglo-French curtillage enclosed land belonging to a house, kitchen garden, from Old French cortillage kitchen garden, from cortil garden, ultimately from Latin cohort- cohors farmyard] : the area surrounding and associated with a home NOTE: The curtilage of a house is included in the Fourth Amendment prohibition on unreasonable searches and seizures. ...
expectation of privacy
expectation of privacy :a belief in the existence of freedom from unwanted esp. governmental intrusion in some thing or place compare zone of privacy NOTE: In order to successfully challenge a search or seizure as a violation of the Fourth Amendment to the U.S. Constitution, a plaintiff must show that he or she had manifested a subjective expectation of privacy in the area of the search or the object seized and that the expectation is one that society is willing to recognize as reasonable or legitimate. ...
house
house 1 a : a building (as a single or multiple family house, apartment, or hotel room) serving as living quarters and usually including the curtilage b : a building (as one's residence or a locked place of business) in which one is entitled to protection (as from warrantless searches and seizures) under the Fourth Amendment to the U.S. Constitution 2 a : a legislative assembly esp. that constitutes a division of a bicameral body [the votes of both houses shall be determined by yeas and nays "U.S. Constitution art. I"] b : the building or chamber where such an assembly meets c : a quorum of such an assembly ...
intrusion
intrusion 1 a : the entry at common law of a stranger after a particular estate of freehold is determined before the person who holds it in remainder or reversion has taken possession b : the act of wrongfully entering upon, seizing, or taking possession of the property of another 2 : a trespassing on or encroachment upon something (as a right) [the Fourth Amendment demands that the showing of justification match the degree of "Berger v. New York, 388 U.S. 41 (1968)"] ...
open fields doctrine
open fields doctrine : a doctrine in criminal procedure: law enforcement officers may make a warrantless search of the area outside of the curtilage of a person's home without violating the Fourth Amendment to the U.S. Constitution called also open fields rule ...
property
property pl: -ties [Anglo-French propreté proprieté, from Latin proprietat- proprietas, from proprius own, particular] 1 : something (as an interest, money, or land) that is owned or possessed see also asset, estate, interest, possession abandoned property : property to which the owner has relinquished all rights NOTE: When property is abandoned, the owner gives up the reasonable expectation of privacy concerning it. The finder of abandoned property is entitled to keep it, and a police officer may take possession of abandoned property as evidence without violating the Fourth Amendment to the U.S. Constitution. after-acquired property 1 : property (as proceeds) that a debtor acquires after the commencement of a bankruptcy case and that is usually considered part of the bankruptcy estate 2 : property acquired after the perfection of a lien or security interest ;esp : such property acquired after the creation of a lien or security interest that is subject to the lien or...
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