What is the scope of search and seizure rights under the US Constitution?
The scope of search and seizure rights under the US Constitution is determined by the Fourth Amendment. In general, the Fourth Amendment protects citizens from unreasonable search and seizure, meaning that law enforcement must have a valid reason to search you, your property, or your vehicle. Under the Fourth Amendment, a search is considered unreasonable if it is done without a warrant. This means that law enforcement must get a warrant from a court before they can search you or your property. In regards to Florida, the state constitution has additional search and seizure protections above and beyond the US Constitution. Under the Florida Constitution, law enforcement must obtain a warrant before conducting any search and seizure. Additionally, the Florida Constitution provides protections for personal privacy and restricts the power of the state to search through technology. This means that in Florida, law enforcement cannot use technology to search your electronic devices without a valid warrant. Overall, the scope of search and seizure rights guaranteed by the US and Florida Constitutions provide citizens with a high level of protection from unreasonable search and seizure. Law enforcement in the state of Florida must obtain a warrant before they can search people, property, or vehicles and is prohibited from using electronic devices to search without a valid warrant.
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