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 an important part of Constitutional Law in North Carolina. The Fourth Amendment to the US Constitution protects people from unreasonable searches and seizures by the government. This means that the government cannot search people, their homes, or their possessions without a warrant, or probable cause that a crime has been committed. Generally, probable cause requires officers to have a reasonable belief that items in a certain area are evidence of a crime or constitute contraband. In order to obtain a search warrant, officers must demonstrate to a judge that they have probable cause to believe that what they are searching for may be evidence of a crime. When search and seizure occurs in an emergency situation, officers may search a person without a warrant as long as the officers have a reasonable belief that the person is involved in a crime or they have a reasonable belief that the person is in immediate danger of harm. In addition, the US Supreme Court has also found that the government may conduct certain types of searches and seizures without a warrant in public places, such as during airport screening or when officers observe a crime in progress. Overall, the scope of search and seizure rights under the US Constitution is limited due to the Fourth Amendment. Officers must have a warrant or probable cause in order to conduct a search, and in some cases, a search may be valid without a warrant.
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