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
  • What You Need to Know About “No Refusal” This Labor Day

    …, an officer could request a warrant to draw the suspected motorist’s blood. He or she was allowed to call a phlebotomist to the site of the arrest, or request transport of the motorist to a nearby facility to get the sample. In 2014, Texas’s Court of Criminal Appeals found that such requests could not be “justified” under the Fourth Amendment. The U.S…

    The Law Office of Matthew D. Sharp- 15 readers -
  • What to Do If You Are Pulled Over by Police

    …. This means that a police officer, in the course of a routine traffic stop, cannot simply search your car without your consent. However, if the officer has “probable cause” to suspect you have committed a crime, such a DWI or possession of illegal drugs, both you and your vehicle may be subject to a search. Keep in mind there are exceptions…

    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

    … officials “generated $40 million in fines [and] $30 million in overtime pay for cops.” Balko also pointed out police officers manning checkpoints are “not on the highways looking out for more seriously impaired motorists.” Protecting Yourself in a DUI Case with the Help of a Galveston DWI Lawyer Until state legislators decide otherwise, sobriety…

    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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