Warrantless Search

Encyclopedia of the American ConstitutionTA-ZU (2000)

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Warrantless Search

The FOURTH AMENDMENT makes no explicit provision for warrantless searches. The first clause of the amendment provides simply that "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable SEARCHES AND SEIZURES, shall not be violated." This general prohibition is followed by another clause that provides more particularly for the issuance of SEARCH WARRANTS. The amendment itself does not indicate what connection there is between the two clauses (which are separated only by a comma and the word "and"). Accordingly, its application to various kinds of warrantless s...

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