Evidence discovered as a later result of an illegal search(i.e.Enos Rule) may also be inadmissible as " fruit of the poisonous tree." The exception is if it inevitably would have been discovered by legal means. United States (1914), this rule holds that evidence obtained as a result of a Fourth Amendment violation is generally inadmissible at criminal trials. The exclusionary rule is one way the amendment is enforced. A warrant is needed for most search and seizure activities, but the Court has carved out a series of exceptions for consent searches, motor vehicle searches, evidence in plain view, exigent circumstances, border searches, and other situations. United States (1967), the Supreme Court held that its protections extend to intrusions on the privacy of individuals as well as to physical locations. Early court decisions limited the amendment's scope to physical intrusion of property or persons, but with Katz v. It prohibits unreasonable searches and seizures and sets requirements for issuing warrants: warrants must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must particularly describe the place to be searched and the persons or things to be seized.įourth Amendment case law deals with three main issues: what government activities are "searches" and "seizures," what constitutes probable cause to conduct searches and seizures, and how to address violations of Fourth Amendment rights. The Fourth Amendment ( Amendment IV) to the United States Constitution is part of the Bill of Rights. The Bill of Rights in the National Archives
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