Question
Demonstrate the critical thought process: The Fourth Amendment enshrines one dimension of the criminal procedure ideal of individual privacy. The colonials considered privacy ideal and
Demonstrate the critical thought process: The Fourth Amendment enshrines one dimension of the criminal procedure ideal of individual privacy. The colonials considered privacy ideal and one of the fundamental rights they fought the Revolutionary War to protect. scorns call the home "the prototypical ... area of protected privacy" (Kyllo at 27, excerpt in Chapter 3, p. 93) which, "at the very core stands the right of a man to retreat into his own home and there be free from unreasonable governmental intrusion" (Young v. City of Ratcliff 2008; excerpt p. 237). As a result, scorns has ruled that the Fourth Amendment commands that the government has to prove by a preponderance of the evidence that consent to search is voluntary. This voluntariness test of consent searches requires that officers who ask for consent need initially to interrogate the totality of circumstances in each case to determine if the suspect consented voluntarily, subject to review later by magistrates.
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