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建立人际资源圈Probable_Cause,_Search_And_Seizure
2013-11-13 来源: 类别: 更多范文
Probable Cause, Search And Seizure
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized (Fourth Amendment, http://findlaw.com, 2003).
The fourth amendment to the United States Constitution is an important addition that guarantees our right to be free from unreasonable search and seizure. It also states that no searches and seizures can be conducted without probable cause nor can any warrants be issued. This is very vague, and the term probable cause has been left widely un-interpreted after the ratifying of the constitution. This amendment continues to produce controversy and remains debated in our society today. What is probable cause' How is it determined' When did it become a factor in our early American society' What specifically is it used for'
The topic of probable cause stretches back to England in the 1600s. The Semaynes case in 1604 established the right of a homeowner to defend his home against unlawful entry from the kings agents. A general warrant was required which needed probable
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