Tag Archives: Fourth Amendment; Seach and Seizure; Warrantless Search; Consensual Search
Dating back to 1789, the Bill of Rights was enacted establishing personal freedoms to protect the public from and thereby limit the Federal Government. Not very long after, the states ratified these laws so these freedoms applied equally to action by state governments. The Fourth Amendment to the U.S. Constitution was adopted in response to … Read More
Should law Enforcement Be Permitted to Stop and Search on the Basis of an Anonymous Tip of Reckless Driving?
In the U.S. Supreme Court case of PRADO NAVARETTE et al. v. CALIFORNIA, 12-9490 (April 22, 2014), the Court held the Fourth Amendment to the U.S. Constitution was not violated and, therefore, the traffic stop by a CHP law enforcement in which the officer searched the bed of a pickup truck and found about thirty … Read More
In the recent case of FERNANDEZ v. CALIFORNIA, 12-7822 (February 25, 2014) the U.S. Supreme Court held the Fourth Amendment to the U.S. Constitution was not violated and, therefore, law enforcement can make a warrantless search of a shared residence when a co-tenant provides consent even though the other co-tenant shortly before refused to allow … Read More