Examples of Fourth Amendment in a sentence
Defendant’s pattern, practice and/or policy of seizing and destroying homeless person’s property constitutes an unreasonable warrantless seizure without probable cause that violates plaintiff’s rights under the Fourth Amendment to the United States Constitution, as applied to the states by the Fourteenth Amendment to the United States Constitution, and 42 U.S.C. §1983.
Furthermore, to the extent that Plaintiff alleges a Fourteenth Amendment injury simply because the Fourth Amendment is applicable to the states through the Fourteenth Amendment, neither claim survives the assertion of qualified immunity.
By incorporating the right to a private search as part of the application of the Fourth Amendment, there would be consistency in the Cir.
Moreover, since Plaintiff cannot demonstrate that Defendant Powdrell violated any of his Fourth Amendment constitutional rights to be free from excessive force and unreasonable seizure, Defendant Powdrell is entitled to the defense of qualified immunity on Plaintiff’s Fourth Amendment Section 1983 claims.
This requirement helps avoid the indiscriminate searches and seizures that were the “immediate evils” motivating adoption of the Fourth Amendment.