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| Topic: |
Miscellaneous
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| Number of pages / Number of words: |
11 / 2841 |
Essay's paper body
In this case, the lower courts and the Supreme Court agree that the Fourth Amendment does not prohibit the warrantless search and seizure of garbage outside a private residence.
The court states that the respondent "could have had no reasonable expectation of privacy in the inculpatory items they discarded...
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. . the police cannot reasonably be expected to avert their eyes from evidence of criminal activity that could have been observed by any member of the public." Therefore, objects in plain view can not be accorded for under the Fourth Amendment for any reasonable expectation of privacy simply because of the fact that their former owner would discard these items or expose them to public view without any attempt to maintain the privacy of their discarded personal effects...
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