Fourth Amendment

The Fourth Amendment (Amendment IV) to the United States Constitution is the part of the Bill of Rights that prohibits unreasonable searches and seizures and requires any warrant to be judicially sanctioned and supported by probable cause. It was adopted in response to the abuse of the writ of assistance, a type of general search warrant issued by the British government and a major source of tension in pre-Revolutionary America. The Fourth Amendment was introduced in Congress in 1789 by James Madison, along with the other amendments in the Bill of Rights, in response to Anti-Federalist objections to the new Constitution. Congress submitted the amendment to the states on September 28, 1789.
Posts about Fourth Amendment
  • It’s for Everyone but You

    …, the sanctity of that right gets diminished for all. In the same vein, but not judicially caused, with the tenor of what is going on in this country right now, the First Amendment and its protections are being chipped away. Not because some judge has decided that the First Amendment does not protect some speech, but rather because we, as a society…

    Dan Aaronson/ Benjamin, Aaronson, Edinger & Patanzo, P.A.- 9 readers -
  • What You Need to Know About “No Refusal” This Labor Day

    … This Labor Day is a no refusal weekend. Labor Day is a high-profile holiday—along with New Year’s Eve, St. Patrick’s Day, July 4th, and Memorial Day— because many people travel to attend parties and events with family and friends that include alcoholic beverages on these days. Dozens of drivers are typically arrested for drunk driving on a high…

    The Law Office of Matthew D. Sharp- 17 readers -
  • School District Prevails In Major First Amendment Jury Trial

    … On June 12, 2017, a federal jury entered a unanimous defense verdict in favor of School Administrative District 75 in a long–running First Amendment test case over whether a special education student had a constitutionally protected right carry an all–day recording device at school. After prevailing on the majority of issues at the summary…

    David Swetnam Burland/ Brann & Isaacson- 12 readers -
  • What to Do If You Are Pulled Over by Police

    … the officer. When a police car signals you to pull over, you should do quickly and without hesitation. You should stop your car’s engine and roll your window down all the way when the officer approaches. Avoid making any sudden movements—such as reaching for your back pocket or underneath the car seat—as the officer may interpret that as a threat (i.e…

    Tad Nelson & Associates- 12 readers -
  • Boating While Intoxicated in Galveston

    … Intoxicated”? The Texas Penal Code defines the offense of boating while intoxicated as “operating a watercraft” while meeting the same legal standard for intoxication as DUI or DWI. In this context, a watercraft includes any “vessel, one or more water skis, an aquaplane, or another device used for transporting or carrying a person on water…

    Tad Nelson & Associates- 27 readers -
  • The Sobriety Checkpoint Debate in Texas

    … to a 1994 decision by the Texas Court of Criminal Appeals. The Arlington, Texas, police department conducted a DUI checkpoint in May 1991 pursuant to guidelines approved by local officials. A woman detained and arrested at this checkpoint later argued this violated her Fourth Amendment rights under the United States Constitution to be free from…

    Tad Nelson & Associates- 15 readers -
  • A Brief Overview of Constitutional Litigation

    … a constitutional right. For example, searching a house without a search warrant and no consent would generally be considered a violation of the Fourth Amendment (although, as with everything, there are some exceptions). However, searches of cell phones have recently been before the courts, to determine whether the search of a cell phone during an otherwise legal…

    Prince Law Offices, P.C.- 8 readers -
  • Williams v. State – Where Do We Go From Here?

    …, the Georgia Supreme Court held that a trial court must determine whether a police officer’s request for a blood and/or breath sample from a driver who has been arrested for DUI complies with the protections afforded by the Fourth Amendment. In Williams, the Supreme Court distinguished between “implied consent” under OCGA § 40-5-55 and “actual consent…

    Erin H. Gerstenzang- 54 readers -
  • The Sobriety Checkpoint Debate

    … Administration. Texas also banned these checkpoints because they raise Fourth Amendment concerns. The Fourth Amendment protects us from unreasonable searches and seizures and many argue a checkpoint subjects a person to a seizure without any reasonable suspicion that an offense occurred. Courts typically consider three main factors when determining…

    Tad Nelson/ Tad Nelson & Associates- 22 readers -
  • Hands Up, Don't Spray: Peterson v. Kopp

    … are shielded from liability by qualified immunity unless their official conduct violates a clearly established constitutional or statutory right. Peterson first argued that his Fourth Amendment right to be from unreasonable seizures was violated when Kopp arrested him without probable cause. The phrase "probable cause" may ring a bell--it is the same level…

    Court Breakdown- 5 readers -
  • Civil Rights Violations in Ferguson and Austin

    …; AUSTIN POLICE OFFICER ROBERT SNIDER; AUSTIN POLICE OFFICER JUSTIN BERRY; SERGEANT ADAM JOHNSON; AND JOHN DOES A–Z WHO ARE UNKNOWN TO THE PLAINTIFF AT THIS TIME BUT ARE IN THE CHAIN OF COMMAND FOR THE AUSTIN POLICE DEPARTMENT The post Civil Rights Violations in Ferguson and Austin appeared first on Austin Criminal Defense Lawyer. …

    Bill Mange/ Austin Criminal Defense Lawyer- 32 readers -
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