Congressional Digest

Supreme Court Debates November 1998 No. 4 Vol. 1
Foreword

Fourth Amendment Rights

Constitutional Protection from Unreasonable Searches

Foreword

For most of this country’s history, the U.S. Supreme Court interpreted the Fourth Amendment protection from unreasonable police searches broadly, requiring police officers to obtain explicit warrants before they can enter private property under any circumstances. Evidence acquired without benefit of a warrant was ruled inadmissable in trial as "fruit of the poisonious tree." In the past few decades, however, the Court has created a number of exceptions to this rule. For instance, under the "plain-view"exception, evidence in plain view of a police officer is considered admissable, regardless of the presence of a warrant. Also, officers have the right to…

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