All I said is that I'm glad more and more Americans are standing up for their rights. Last time I checked, that was the principle this country was founded on.
Yeah?
II. SEARCHES AND SEIZURES UNDER FOURTH AMENDMENT
The courts must determine what constitutes a
search or seizure under the
Fourth Amendment. If the conduct challenged does not fall within the
Fourth Amendment, the individual will not enjoy protection under
Fourth Amendment.
A. Search
A
search under
Fourth Amendment occurs when a governmental employee or agent of the government violates an individual's reasonable
expectation of privacy.
Strip searches and visual body cavity
searches, including anal or genital inspections, constitute
reasonable searches under the
Fourth Amendment when supported by
probable cause and conducted in a
reasonable manner.
A
dog-sniff inspection is invalid under the
Fourth Amendment if the the inspection violates a reasonable
expectation of privacy.
Electronic surveillance is also considered a
search under the
Fourth Amendment.
B. Seizure of a Person
A
seizure of a person, within the meaning of the
Fourth Amendment, occurs when the police's conduct would communicate to a
reasonable person, taking into account the circumstances surrounding the encounter, that the person is not free to ignore the police presence and leave at his will.
Two elements must be present to constitute a
seizure of a person.
First, there must be a show of authority by the police officer. Presence of handcuffs or weapons, the use of forceful language, and physical contact are each strong indicators of authority. Second, the person being seized must submit to the authority. An individual who ignores the officer’s request and walks away has not been seized for Fourth Amendment purposes.
An
arrest warrant is preferred but not required to make a lawful
arrest under the
Fourth Amendment. A
warrantless arrest may be justified where
probable cause and urgent need are present prior to the
arrest.
Probable cause is present when the police officer has a
reasonable belief in the guilt of the suspect based on the facts and information prior to the
arrest. For instance, a
warrantless arrest may be legitimate in situations where a police officer has a probable belief that a suspect has either committed a crime or is a threat to the public security. Also, a police officer might
arrest a suspect to prevent the suspect’s escape or to preserve evidence. A
warrantlessarrest may be invalidated if the police officer fails to demonstrate
exigent circumstances.
The ability to make
warrantless arrests are commonly limited by
statutes subject to the due process guaranty of the
U.S. Constitution. A suspect
arrested without a
warrant is entitled to
prompt judicial determination, usually within 48 hours.
There are
investigatory stops that fall short of
arrests, but nonetheless, they fall within
Fourth Amendment protection. For instance, police officers can perform a
terry stop or a
traffic stop. Usually, these stops provide officers with less dominion and controlling power and impose less of an infringement of personal liberty for individual stopped.
Investigatory stops must be temporary questioning for limited purposes and conducted in a manner necessary to fulfill the purpose.
An officer’s
reasonable suspicion is sufficient to justify brief stops and detentions. To determine if the officer has met the standard to justify the
seizure, the court takes into account the totality of the circumstances and examines whether the officer has a particularized and
reasonable belief for suspecting the wrongdoing.
Probable causegained during stops or detentions might effectuate a subsequent
warrantless arrest.
https://www.law.cornell.edu/wex/fourth_amendment