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HOME SEARCHES – FLOWCHART
We have the greatest amount of protection from unreasonable searches and seizures in our homes. This is because we have the greatest expectation of privacy in our homes.
The Fourth Amendment protects your person, your home and your belongings from unreasonable searches and seizures by requiring law enforcement officers to obtain warrants that are based on probable cause and specifically describe the places to be searched and the items to be seized.
If a law enforcement officer obtains evidence illegally, in violation of the Fourth Amendment, the Exclusionary Rule will prevent that evidence from being used against a defendant in court, unless the circumstances surrounding the search and seizure fall within one of the many exceptions to the warrant requirement and the Exclusionary Rule.
The charts on the following pages answer common questions about home searches.
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