Secure in your persons, houses, papers and effects means that no law enforcement or any government official can come into these places without a warrant.Your person, means your pockets in your clothing, your hat, your shoes and socks, a pocket book or wallet if your carrying one.First, probable cause is considered to be an officer or a reasonable person believes that a crime has committed, being committed or is about to be committed (Searchand Seizure.org).
If an officer puts someone in handcuffs and doesn’t have a reason to do so, he/she is seizing that person and they don’t feel free to leave.
A reasonable person in handcuffs would believe that they’re in custody and are not free to leave.
Pretty much anything you’re carrying on your person cannot be searched unless you give consent or a warrant is issued.
This even keeps your bodily fluids protected under this clause. To search a residence an officer must have consent from the owner, a warrant or unless the officer has exigent circumstances to enter the residence.
Discussing the 4th Amendment Alex Smith American Military University Discussing the 4th Amendment The 4th amendment is one of the first ten amendments known as the Bill of Rights.
It’s also one of the most common amendments that are violated amongst the citizens in the United States by law enforcement.
This is something that needs to be known because they could become a victim of the violation of the 4th amendment.
Let’s look at the true writing of the 4th amendment and what it really says.
Illegal seized property or persons are a violation of the 4th amendment.
The next clause in the 4th amendment, warrants shall not be issued without probable cause.