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A _______ is a governmental intrusion upon a constitutionally-protected area or upon a reasonable expectation of privacy?

1) Search warrant
2) Probable cause
3) Due process
4) Fourth Amendment

User Helpa
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Final answer:

A search or seizure entails government intrusion into areas where individuals expect privacy, protected by the Fourth Amendment, which requires probable cause for search warrants. The right to privacy, while not explicitly stated in the Constitution, is derived from various constitutional amendments. Landmark legal cases have reinforced this right, particularly against illegal searches and seizures by the government.

Step-by-step explanation:

A search or seizure is a governmental intrusion upon a constitutionally-protected area or upon a reasonable expectation of privacy. The Fourth Amendment of the U.S. Constitution explicitly protects individuals from unreasonable searches and seizures and states that search warrants require probable cause, supported by Oath or affirmation, and must particularly describe the place to be searched, and the persons or things to be seized.

The concept of a "right to privacy" has been inferred by the courts through various amendments, including the 4th, 9th, and 14th Amendments. The Fourth Amendment is at the core of this inferred right, especially concerning protection from governmental intrusion into personal spaces. Landmark cases like Mapp v. Ohio established that evidence obtained in violation of the Fourth Amendment cannot be used in court, emphasizing the privacy rights of individuals against illegal searches by the government.

The amendments aim to protect citizens from arbitrary government actions by ensuring due process and setting a high legal standard for interference with personal liberty and property. Interestingly, while the right to privacy is not explicitly mentioned in the Constitution, it has been developed over time through judicial interpretation, highlighting the dynamic nature of constitutional rights.

User Martindilling
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