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What are two provisions in the 4th amendment?

User CpILL
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Final answer:

The Fourth Amendment provides two main provisions: protection against unreasonable searches and seizures, and the requirement for warrants to be specific and based on probable cause. These provisions ensure a balance between personal privacy and the needs of law enforcement in criminal investigations.

Step-by-step explanation:

The Fourth Amendment contains two primary provisions. First, it guarantees protection against unreasonable searches and seizures, which ensures that citizens' right to privacy in their persons, houses, papers, and effects are respected by the government. This protection establishes that law enforcement must have a justified cause— a "probable cause"—before intruding into someone’s personal space or belongings. This fosters an expectation of privacy against government intrusion, particularly in one's own home.

Secondly, the Amendment requires that warrants be issued by a court based on probable cause, which must be supported by an Oath or affirmation, and must specifically describe the place to be searched, and the persons or things to be seized. This ensures that searches are not only justified, but also that they are limited in scope, focusing only on particular items or locations mentioned in the warrant, thus preventing general or exploratory searches. These provisions have been important in a myriad of Supreme Court cases, including those involving student rights in schools, such as the case of New Jersey v. T.L.O.

User Cactus
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