You also made me go back and look at my research notes, because I couldn't remember the reason for citing the 4th amendment (and I started to feel a bit foolish).
But the rationale behind citing the 4th is that even a felon on parole, who is subject to a reduced standard for search and seizure, is still entitled to the protection of the 4th Amendment with regards to arrest warrants, i.e., probably cause for arrest (even though the Exclusionary Rule doesn't apply).
Hope this makes sense, and good luck in law school.
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Date: 2010-09-23 12:52 pm (UTC)You also made me go back and look at my research notes, because I couldn't remember the reason for citing the 4th amendment (and I started to feel a bit foolish).
But the rationale behind citing the 4th is that even a felon on parole, who is subject to a reduced standard for search and seizure, is still entitled to the protection of the 4th Amendment with regards to arrest warrants, i.e., probably cause for arrest (even though the Exclusionary Rule doesn't apply).
Hope this makes sense, and good luck in law school.