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Elements of Fourth Amendment

A basic understanding of search and seizure is necessary before it can be appHed to explosives and dangerous chemicals. Accordingly, elemental parts of the Fourth Amendment are presented and then the apphcable law. [Pg.247]

Reasonableness depends on circumstances - it is fact dependent. Evidence determined as unreliable, whether by experience or other means, wiU not justify a search as reasonable. Once a practice is determined to be reasonable, the court is unHkely to retract it [13]. [Pg.248]

A search consists of a governmental intrusion into an area where a person has a justifiable and reasonable expectation of privacy. Seizure occurs when there is a governmental termination of freedom of movement through means intentionally applied [14]. [Pg.248]

Warrants are documents giving authority to a person to do something, which he otherwise has, no right to do and this secures him from loss or damage. A precept or writ issued by a competent officer or magistrate authorizing an officer to make an [Pg.248]

Requisites for a valid warrant are (1) issued by a neutral and impartial magistrate (2) based on probable cause and (3) describe with particularity the place to be searched and items to be seized. [Pg.249]


See other pages where Elements of Fourth Amendment is mentioned: [Pg.245]    [Pg.247]   


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Amendments

Fourth Amendment

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