Does the Fourth Amendment need to be applied in circumstances where a suspect has been arrested?

MultiRegion, United States of America

The following excerpt is from Ragbir v. Homan, 923 F.3d 53 (2nd Cir. 2019):

17 It is unclear that Fourth Amendment doctrine should be so readily applied to the circumstances here, as it has developed within the context of the particular interests served by criminal investigations. See, e.g. , Virginia v. Moore , 553 U.S. 164, 173, 128 S.Ct. 1598, 170 L.Ed.2d 559 (2008) ("[A]n arrest based on probable cause serves interests that have long been seen as sufficient to justify the seizure. Arrest ensures that a suspect appears to answer charges and does not continue a crime, and it safeguards evidence and enables officers to conduct an in-custody investigation." (internal citations omitted)).

Other Questions


In what circumstances will the Fourth Amendment apply to a nominally private search? (MultiRegion, United States of America)
Does the arrest, investigatory stop, or other seizure of a free citizen under the Fourth Amendment apply to substantive due process? (MultiRegion, United States of America)
How does the Fourth Amendment apply to seizures that involve only a brief detention short of traditional arrest? (MultiRegion, United States of America)
Is it a violation of the Fourth Amendment to detain a suspect for exercising his First Amendment right? (MultiRegion, United States of America)
Does the exclusionary rule of the Fourth Amendment apply to the Fifth Amendment? (MultiRegion, United States of America)
What is the test for qualified immunity for Fourth Amendment violations under the Fourth Amendment? (MultiRegion, United States of America)
Is there any Fourth Amendment value served if 6 Townes, who was convicted of possession of illegal firearms and narcotics, reaps the financial benefit he seeks from the suppression of evidence obtained in violation of the Fourth Amendment? (MultiRegion, United States of America)
Does a waiver of the fourth amendment right to counsel during questioning of a suspect in connection with a prior robbery and a subsequent assault on the same suspect have been interpreted as a grounds for a writ of habeas corpus? (MultiRegion, United States of America)
Is detention of a suspect a Fourth Amendment seizure of the suspect's person? (MultiRegion, United States of America)
What is the test for a claim for arrest without probable cause under the Fourth Amendment rather than the Fourteenth Amendment? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.