What are the rules of the Fourth Amendment in criminal cases?

The Fourth Amendment of the United States Constitution protects individuals from unreasonable search and seizure by the government. It states that people are protected from unreasonable searches and seizures by law enforcement without a warrant under certain circumstances. In criminal cases in Colorado, the Fourth Amendment applies to prevent the government from gathering evidence unlawfully. In criminal cases in Colorado, law enforcement must either have a warrant or probable cause before they can search people or their property for evidence. A warrant is issued by a judge and identifies the location, items, and people to be searched. If a warrant is not available, law enforcement must have probable cause to search without a warrant. Another important rule of the Fourth Amendment in criminal cases is that any evidence obtained in violation of the Fourth Amendment cannot be used in a criminal trial. This is known as the exclusionary rule and it prevents illegally obtained evidence from being used to convict someone of a crime. Finally, the Fourth Amendment also establishes the right to counsel in criminal cases. This means that a person who is accused of a crime has the right to an attorney who can help protect their legal rights. A lawyer can work to make sure any evidence is legally obtained, challenge illegal search and seizure efforts, and make sure a person’s legal rights are not violated.

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