What is the scope of search and seizure rights under the US Constitution?
In New Mexico and across the United States, the scope of search and seizure rights is governed by the Fourth Amendment of the U.S. Constitution. This amendment protects individuals’ rights to privacy and prohibits unreasonable searches and seizures by the government, including law enforcement. This means that law enforcement officials must have probable cause before entering and searching an individual’s property, and a search warrant issued by a judge is typically required as well. The Fourth Amendment also prevents the government from searching and seizing someone’s property without providing sufficient notice and giving the individual an opportunity to challenge the search. In addition, the amendment requires that property taken during a search must be adequately described so that it can be easily identified, and the individuals who are searched must be provided with a copy of the search warrant. The Fourth Amendment also provides protection against arrest and seizure without probable cause, meaning that the government must have reasonable belief that an individual has committed a crime before making an arrest. The amendment provides individuals with the right to be free from unreasonable searches and seizures, and to be secure in their persons, houses, papers, and effects.
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