Under a Bivens action, the claimant needs to prove that there has been a constitutional violation of the Fourth Amendment rights by federal officials acting under the color of law. Where there was a violation of one’s Fourth Amendment rights by federal officials, A Bivens action can be filed against federal law enforcement officials for damages, resulting from an unlawful search and seizure. States can always establish higher standards for protection of searches and seizures than what is required by the Fourth Amendment, but states cannot allow conduct that violate the Fourth Amendment. In some states, there are some exceptions to this limitation, where some state authorities have granted protection to open fields. Further, warrantless seizure of abandoned property, or of properties on an open field do not violate Fourth Amendment, because it is considered that having expectation of privacy right to an abandoned property or to properties on an open field is not reasonable. On the other hand, warrantless search and seizure of properties are not illegal, if the objects being searched are in plain view. For instance, a warrantless search may be lawful, if an officer has asked and is given consent to search if the search is incident to a lawful arrest if there is probable cause to search, and there is exigent circumstance calling for the warrantless search.Įxigent circumstances exist in situations where a situation where people are in imminent danger, where evidence faces imminent destruction, or prior to a suspect's imminent escape. In general, most warrantless searches of private premises are prohibited under the Fourth Amendment, unless a specific exception applies. To claim a violation of Fourth Amendment rights as the basis for suppressing relevant evidence, courts have long required that the claimant must prove that they were the victim of an invasion of privacy to have a valid standing. However, the Supreme Court has departed from such requirements, an issue of exclusion is to be determined solely upon a resolution of the substantive question whether the claimant's Fourth Amendment rights have been violated, which in turn requires that the claimant demonstrates a justifiable expectation of privacy, which was arbitrarily violated by the government. However, the Fourth Amendment does not guarantee protection from all searches and seizures, but only those done by the government and deemed unreasonable under the law. The ultimate goal of this provision is to protect people’s right to privacy and freedom from unreasonable intrusions by the government. Constitution provides that "he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
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