FREE BOOKS

Author's List




PREV.   NEXT  
|<   952   953   954   955   956   957   958   959   960   961   962   963   964   965   966   967   968   969   970   971   972   973   974   975   976  
977   978   979   980   981   982   983   984   985   986   987   988   989   990   991   992   993   994   995   996   997   998   999   1000   1001   >>   >|  
ce to be searched, and the persons or things to be seized. Coverage of the Amendment This amendment denounces only such searches and seizures as are "unreasonable," and is to be construed in the light of what was deemed an unreasonable search and seizure when it was adopted and in a manner to conserve public interests as well as the rights of individuals.[1] It applies only to governmental action, not to the unlawful acts of individuals in which the government has no part.[2] It has no reference to civil proceedings for the recovery of debts; consequently, a distress warrant issued by the Solicitor of the Treasury under an act of Congress is not forbidden, though issued without support of an oath or affirmation.[3] But the amendment is applicable to search warrants issued under any statute, including revenue and tariff laws.[4] Security "in their persons, houses, papers and effects" is assured to the people by this article. Not only the search of a dwelling, but also of a place of business,[5] a garage,[6] or a vehicle,[7] is limited by its provisions. But open fields are not covered by the term "house"; they may be searched without a warrant.[8] A sealed letter deposited in the mails may not be opened by the postal authorities without the sanction of a magistrate.[9] The subpoena of private papers is subject to its test of reasonableness.[10] Retention for use as evidence of a letter voluntarily written by a prisoner, which, without threat or coercion, came into the possession of prison officials under the practice and discipline of the institution, is not prohibited.[11] Where officers demand admission to private premises in the name of the law, their subsequent explorations are searches within the meaning of the Constitution, even though the occupant opens the door to admit them.[12] A peremptory demand by federal officers that a person suspected of crime open a locked room and hand over ration coupons kept there was held not to amount to a seizure in view of the fact that the coupons were government property which the custodian was under a duty to surrender.[13] Neither wiretapping,[14] nor the use of a detectaphone to listen to a conversation in an adjoining room,[15] nor interrogation under oath by a government official of a person lawfully in confinement[16] is within the purview of this article. Nor does it apply to statements made by an accused on his own premises to an "undercover agent" whose identity
PREV.   NEXT  
|<   952   953   954   955   956   957   958   959   960   961   962   963   964   965   966   967   968   969   970   971   972   973   974   975   976  
977   978   979   980   981   982   983   984   985   986   987   988   989   990   991   992   993   994   995   996   997   998   999   1000   1001   >>   >|  



Top keywords:

government

 

search

 

issued

 

person

 

searched

 

warrant

 

persons

 

papers

 

coupons

 
article

letter

 
private
 
premises
 

demand

 
officers
 

amendment

 

seizure

 

individuals

 
unreasonable
 

searches


admission

 

subsequent

 

explorations

 
occupant
 
purview
 

Retention

 

meaning

 

Constitution

 

prohibited

 

possession


coercion

 
threat
 

voluntarily

 

written

 

prisoner

 

accused

 

prison

 

discipline

 
institution
 

evidence


practice
 
statements
 

officials

 

property

 

reasonableness

 

conversation

 

amount

 
listen
 

custodian

 
wiretapping