Fourth Amendment - Law Dictionary Search Results
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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)]...
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 ...
Acquisition of property
Acquisition of property, Acquisition of property, in the context, means the extinction of the citizens rights in the property and the conferment of the said rights in the State or the State owned corporation, Tilayat Shri Govindji Maharaj v. State of Rajasthan, (1964) SCR 561: AIR 1963 SC 1638 (1659). [Constitution of India, Art. 31(2) (after fourth Amendment)]...
warrant
warrant [Anglo-French warant garant protector, guarantor, authority, authorization, of Germanic origin] 1 : warranty [an implied of fitness] 2 : a commission or document giving authority to do something: as a : an order from one person (as an official) to another to pay public funds to a designated person b : a writ issued esp. by a judicial official (as a magistrate) authorizing an officer (as a sheriff) to perform a specified act required for the administration of justice [a of arrest] [by of commitment] administrative warrant : a warrant (as for an administrative search) issued by a judge upon application of an administrative agency anticipatory search warrant : a search warrant that is issued on the basis of an affidavit showing probable cause that there will be certain evidence at a specific location at a future time called also anticipatory warrant arrest warrant : a warrant issued to a law enforcement officer ordering the officer to arrest and bring the person named i...
seizure
seizure : the act, fact, or process of seizing: as a : the seizing of property that involves meaningful interference with a person's possessory interest in it [ of evidence found in plain view] see also plain view b : the seizing of a person (as for arrest or investigation) see also arrest, stop compare search NOTE: The Fourth Amendment to the U.S. Constitution guarantees the right against unreasonable searches and seizures. It requires that a warrant may issue only upon probable cause, and that the warrant particularly describe the persons or things to be seized. Not all seizures, however, require a warrant. A seizure that constitutes an arrest requires probable cause to be reasonable, and a stop usually requires reasonable suspicion of the particular person or persons stopped, although stops like those at drunk driving checkpoints may be justified by a plan that places explicit and neutral limitations on the conduct of police officers with no requirement of individualized suspi...
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...
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)"] ...
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 ...
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