Anyone who watches crime dramas on television is familiar with the scene where police officers enter a home or business brandishing a search warrant. The Fourth Amendment to the United States Constitution guarantees the people's right to be free from unreasonable searches and seizures, which often -- but not always -- means that government agents must have a warrant to search and seize your person and property.

Here is the full text of the Fourth Amendment:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The Fourth Amendment protects the people from unreasonable searches and seizures, which means that many searches are fine as long as they meet certain requirements. Searches are generally considered reasonable when: 1) a judge issues a search warrant based on probable cause; or 2) certain situations occur that justify a search without a warrant (a search for weapons after an arrest, for example).

The Fourth Amendment's requirements don't apply when a person doesn't have a "legitimate expectation of privacy" in the place or thing searched. If there isn't an expectation of privacy, then the Fourth Amendment doesn't come into play, and officers conducting a search don't have to meet its requirements.

The United States Supreme Court has created a test for determining when a legitimate expectation of privacy exists. The test has two parts: Did the person subjectively expect the place or thing to be private? I.e., did they actually feel that the place or thing would remain private? Was that expectation objectively reasonable? I.e., would society as a whole agree that the place or thing should remain private?

An example might help clarify the point: most people feel that their homes are private, so there is a subjective expectation of privacy in one's home. Most people in society would find this expectation reasonable, so a police search of one's home must satisfy the Fourth Amendment's reasonableness requirement.

If someone leaves evidence of a crime on their front lawn, however, it's likely that a police seizure of that evidence would not constitute an unreasonable search since most people in a society would not expect that an object that was clearly visible to anyone passing by would remain private. Even if the owner of the home or the evidence genuinely expected that the area would remain private, that expectation would not be reasonable, and so the seizure would not have to meet the requirements of the Fourth Amendment.

Also keep in mind that the Fourth Amendment's requirements only apply to government actors. Private individuals, including security guards, don't fall under the Fourth Amendment's restrictions. While a private individual may break other laws if they conduct a search of a person or their belongings, any evidence they discover in the process would still be admissible in court.

If a government actor conducts an illegal search (one that violates the Fourth Amendment), the government cannot present any evidence discovered during that search at trial. Known as the "exclusionary rule", this rule aims to deter police officers from conducting unreasonable searches. Opponents of the exclusionary rule, however, argue that it lets guilty criminals go free on technicalities.

In addition, evidence obtained through illegal searches cannot lead police to the discovery of other evidence. This legal rule, known as the "fruit of the poisonous tree", is also designed to prevent government actors from invading people's privacy by conducting unreasonable searches. If police know, so the theory goes, that any evidence they obtain based on what they discover in an illegal search will be thrown out, they won't conduct illegal searches in the first place.

Here are a few examples to illustrate the exclusionary rule and the fruit of the poisonous tree doctrine:

Officer Joe suspects that Chris is selling drugs. Without a warrant, Officer Joe walks into Chris' house and finds drugs and a scale on the kitchen table. Officer Joe arrests Chris, but the judge throws out the evidence of the drugs and scale on the basis of the exclusionary rule.

In the example above, instead of finding drugs and a scale, Office Joe finds a map to locations throughout the city where Chris is storing his drugs for sale. Officer Joe collects the drugs and enters both them and the map as evidence. The map is thrown out because of the exclusionary rule, and, because Officer Joe would not have discovered the drugs without the map, the fruit of the poisonous tree doctrine prevents the use of the drugs as evidence.

It is important to note, however, that just because the prosecution can't use certain evidence at trial, it doesn't mean that a judge will dismiss a case or that a jury will acquit the defendant. Prosecutors may have enough other evidence to convict the defendant even without the results of the illegal search.

Plus, while prosecutors can't use improperly obtained evidence to secure a conviction, that evidence may enter into other areas of the trial. For instance: The evidence may become a factor in civil and immigration cases Prosecutors can use the evidence to attack the credibility of a witness under certain circumstances Judges may consider the evidence when determining a sentence after a conviction

Citizens Court Watch + & Thank You For Taking The Time To Read This Websites

I Hope That This Websites Can Help You & Others With Your Court Cases / Laws.

You Can E-Mail US AT yourcivilrights@yahoo.com  You Can Also Write To Us at Rommel P. Westlaw  @  P.O. Box 18010 Spokane, Washington. 99228-0010 U.S.A. P.O. Box 960 Newman Lake, Wa. 99025 or P.O. Box 1144 Bonners Ferry, ID 83805  

Phone Messages Call Us  at (Washington D.C. Offices) At # 202-670-LAWS (5297) Florida # 561-90-PRO-SE (7-7673)  Spokane, Wa. # 509-701-5683 or 509-465-4528  Wisconsin # 920-39-JUDGE (5-8343) Texas # 512-887-8779 All Calls Are Welcome

You May Help Others By Making $$$ A Small Donation Or Help With Your Time. PLEASE REMEMBER DO NOT TAKE THE LAW INTO YOUR OWN HANDS  911*

Disclaimer and Fair Use Pages For Westlaw Books + See Full Disclaimer Page + Its Five 5 Button Down From The Top Of This Website + You Can Click # Button + To Read The Whole Disclaimer For This Website and My Other Website's Info. !

Disclaimer of Warranties and Liabilities:
This site does not warrant the accuracy, completeness, timeliness, safety or merchantability of fitness for a particular purpose of the information contained in This site nor in any way endorse the individuals or institutions listed in This site.

In No Event Shall Westlawbooks.com, or Any Other Web Address Etc. or Domain from Westlaw Books or its staff, its sponsors, its contributors or its ISP be liable for any damages whatsoever, including, without limitation, direct, special, indirect, consequential, or incidental damages, or damages for lost profits, loss of money or revenue, or loss of use, arising out of or related to the westlawbooks.com or Any Other Web Address or Domain from Westlaw Books or my other internet Web Site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise.

In accordance with Title 17 U.S.C. Section 107, any copyrighted work on this website is distributed under fair use without profit or payment for non-profit research and educational purposes only. Read all about Copyright & Fair Use at- http://fairuse.stanford.edu/

If you have a Complaint About Westlaw Books Dot Com or My Other Domain's ?  Content of this Website, how about telling the webmaster first? You can Contact the Webmaster In Writing At P. O. Box 18010 Spokane, WA. 99228-0010 U.S.A.

Disclaimer: + This is A Disclaimer from the Owner of this Website + Please Read ! + Nothing Here Is To Be Construed As "Legal Advice". We Are Not Lawyers, And We Are Not Pretending To Be Lawyers. This manual and website and information is intended purely as a communication of information in accordance with the right of free speech. It does not constitute either general or specific legal advice. Anyone who is seeking any legal advice should consult a competent professional.

The following is provided for informational purposes only and is intended to be used as a guide prior to consultation with an attorney familiar with your specific legal situation. Westlaw Books is not engaged in rendering legal or other Info. & professional advice, and this form is not a substitute for the advice of an attorney. 

Permission to quote statements we make and use our graphics is hereby granted without obtaining permission. We do Not copyright our quotes or graphics we create, which we Want to be widely dissembled to further the cause of Liberty and Justice for your Families and For All Families. If you use our materials, we certainly would appreciate being informed. Thank you !

Disclaimer and Fair Use Pages For Westlaw Books + See Full Disclaimer Page + Its Five 5 Button Down From The Top Of This Website + You Can Click # Button + To Read The Whole Disclaimer For This Website and My Other Website's Info. !

The monthly hosting costs and annual domain costs have been coming out of my own pocket to keep this site online. I really think that sites like this are important to all civil rights Issus's and I really want to keep this site alive. therefore I am ? asking 4 donations to keep this site up and running.  you can donate any amount a few pennies to a few dollars the choice is totally yours and it's totally optional. If you feel that sites like this need to exist on the internet, please support it. Jan 2018