trol of a person or things by the govenerment. An actual seizure is accomplished by taking someone into custody with force. A Constructive seizure is without any force. The second question is there any governmental conduct is involved. With the 14th Amendment any state or federal involved with the search or the seizure. The third question is that there needs to be subjective and objective that there is a reasonable expection of privacy. I think that the three questions should be know by the American people so, they will know even if the 4th Amendment applies.
When the 4th Amendment applies a warrant can be issued or there are exception that can be used. The valid exceptions for a search or seizures are search incident to an arrest, automobile search, emergency search, inventory search, consent, stop and frisk, administrative searches, and border searches. Plain view is not a search. The consent of search needs to be voluntary. One thing that should be changed with the voluntary search is that, it should be in writing. A search can also happened if an officer believes that his life is in danger. In United States v. Ross have said "We hold that the scope of the warrant less search authorized by the automobile exception ... if probable cause justifies the search of a lawfully stopped vehicle, it justifies a search..." The only thing that can happen is that officers will stop a car and search the car to find edivince of a crime. I think that people don't know that they can say no to a car search and that the officer should let them know. The 4th Amendment has hold up to date on the rules and exception to a warrant. A warrant needs to be field before a magistrate, showing proble cause for a search or a warrant. There are four requirements for a valid issuance of a search warrant. There needs to be a statement of probable cause, a supporting oath, a description of the place to be searched and the things that need to be seiz...