Questions On Fourth Amendment Jurisprudence

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• Fourth Amendment jurisprudence is primarily concentrated in four areas: 1) defining “searches”; 2) the Warrant Requirement, in which warrantless searches are semantically precluded except in specific and tightly constricted situations; 3) the Probable Cause Requirement, whose exclusive provisions are closely associated with the Warrant Requirement’s proscription of police inquiries into same; and, 4) the exclusionary rule, which presumptively excludes any information or evidence gathered in violation of the preceding two (Rickless, 2005). • The Court has continued to delineate areas, which fall outside the parameters of the restrictions placed upon government officials through the Fourth Amendment. • The Court has ruled that the areas carved out which include exceptions to the basic tenets of the Fourth Amendment, commonly known as warrantless searches, may be conducted if circumstances are such that the interests of society outweigh the invasiveness of the action. • The Court has have recognized special situations in which warrants were not required, including: border searches; consent searches; container searches; exigent circumstances; searches incident to a lawful arrest; plain view; special needs; stop and frisk; and inventory searches. • The Court has ruled that the areas carved out which include exceptions to the basic tenets of the Fourth Amendment, commonly known as warrantless searches, may be

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