What civil rights do US citizens have against warrantless searches and seizures?
In the United States, citizens have certain civil rights against warrantless searches and seizures. These rights are protected under the Fourth Amendment of the U.S. Constitution, which ensures citizens that they have a right “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” This means that typically, government agents and officers must obtain a warrant from a court. A warrant is an official document that gives officers permission to search a specific location for items related to a crime. In California, the California Constitution has additional protections against warrantless searches and seizures. The California Constitution provides three additional protections: first, that a search must be reasonable; second, that a valid search warrant must be obtained; and third, that when a search warrant is served, the person must be informed of its purpose before the search. The Fourth Amendment and the protections of the California Constitution are important civil rights for US citizens. Therefore, although officers may request permission to search, citizens have the right to refuse. If officers do not have a warrant or if a citizen believes they do not have the right to search their property, the search may be considered illegal and the evidence obtained may not be used in court.
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