Question

How was the protection against unreasonable search and seizure incorporated by the Supreme Court under the 14th Amendment?

Answer 1

The Supreme Court incorporated the protection against unreasonable search and seizure under the 14th Amendment through the Due Process Clause.

This provision has been interpreted to include the protections of the Bill of Rights, including the Fourth Amendment's guarantee against unreasonable searches and seizures.

Step-by-step explanation:

The Supreme Court incorporated the protection against unreasonable search and seizure under the 14th Amendment through the Due Process Clause.

The 14th Amendment, ratified in 1868, prohibits states from depriving individuals of life, liberty, or property without due process of law. This provision has been interpreted by the Supreme Court to include the protections of the Bill of Rights, including the Fourth Amendment's guarantee against unreasonable searches and seizures.

For example, in the landmark case Mapp v. Ohio (1961), the Supreme Court applied the exclusionary rule, which states that evidence obtained in violation of the Fourth Amendment cannot be used in court.

The Court held that the Fourth Amendment's protections against unreasonable searches and seizures apply to the states through the 14th Amendment's Due Process Clause.