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- The Supreme Court has concluded that the Fourth Amendment requires exclusion of evidence obtained in violation thereof and has held that requirement applicable to the states by the Fourteenth Amendment.
law.justia.com/cases/texas/court-of-criminal-appeals/2001/861-00-4.htmlHernandez v. State :: 2001 :: Texas Court of Criminal Appeals ...
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The cases construing the Fourth Amendment reflect the common-law rule that a peace officer was permitted to arrest without a warrant for a misdemeanor or felony committed in their presence, as well as for a felony not committed in their presence if there was reasonable ground for making the arrest.
This Essay is the first to consider what the Fourth Amendment would look like without reference to privacy. Briefly put, protection for any area not specifically named in the Constitution—anything that cannot be fairly described as a person, house, paper, or effect 12 —is at risk after Dobbs.
Jun 6, 2023 · The Fourth Amendment prohibits stop-first, justify-later policing. Police must have a fact-based suspicion of a crime before making a stop, a valid reason to extend that stop, and either a warrant, consent, or an objective reason to believe there’s contraband inside to search a vehicle.
In this case, we granted review to determine whether the court of appeals erred in holding that the admission of evidence obtained in violation of the Fourth Amendment is non-constitutional error.
In Texas, as in the rest of the United States, the rights of individuals against illegal search and seizure are a cornerstone of our legal system. This fundamental protection is enshrined in the Fourth Amendment of the U.S. Constitution and is further defined by state laws and court decisions.
Oct 30, 2023 · In Executing Warrants for Digital Evidence: The Case for Use Restrictions on Nonresponsive Data, Professor Orin Kerr suggested that any use of digital data beyond the scope of a warrant becomes unreasonable under the Fourth Amendment. Few courts have adopted Kerr’s “ongoing seizure” approach to protecting individual privacy interests ...
Nov 17, 2021 · The court seemingly construes the Amendment to protect only against seizures that are the outcome of a search. But our cases are to the contrary and hold that seizures of property are subject to Fourth Amendment scrutiny even though no search within the meaning of the Amendment has taken place.
