re: Update: NYC Teen who was jailed 3 years without trial, 2 in solitary kills self

Posted on 10/1/14 at 12:18 pm to The Third Leg

Posted by colorchangintiger

Dan Carlin

Member since Nov 2005

30979 posts

Posted on 10/1/14 at 12:18 pm to The Third Leg

quote:
What about the fourth amendment?

I don't see where it applies in this case.

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Posted by The Third Leg

Idiot Out Wandering Around

Member since May 2014

10056 posts

Posted on 10/1/14 at 12:28 pm to colorchangintiger

Arrests and Other Detentions.—That the Fourth Amendment was intended to protect against arbitrary arrests as well as against unreasonable searches was early assumed by Chief Justice Marshall56 and is now established law.57 At common law, warrantless arrests of persons who had committed a breach of the peace or a felony were permitted,58 and this history is reflected in the fact that the Fourth Amendment is satisfied if the arrest is made in a public place on probable cause, regardless of whether a warrant has been obtained.59 However, in order to effectuate an arrest in the home, absent consent or exigent circumstances, police officers must have a warrant.60 The Fourth Amendment applies to "seizures" and it is not necessary that a detention be a formal arrest in order to bring to bear the requirements of warrants or probable cause in instances in which warrants may be forgone.61 Some objective justification must be shown to validate all seizures of the person,* including seizures that involve only a brief detention short of arrest, although the nature of the detention will determine whether probable cause or some reasonable and articulable suspicion is necessary.
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