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4th Amendment Waiver Archives

What is a 4th Amendment waiver?

A 4th amendment waiver is short for giving up your right to be searched with or without probable cause.  It is often used in North San Diego County and throughout California and refers to waiving the protections of the 4th amendment of the U.S. Constitution which gives us the right to be free from unreasonable searches and seizures.  The "4th" waiver is commonly imposed as a term of probation or parole in most criminal cases, especially those relating to theft, drugs and weapons.  It allows you to be searched by law enforcement, probation officers or parole officers whether they have a reason or not.  It is helpful from a law enforcement point of view not only for the access it gives to probationers and parolees, but also as a deterrent to being involved in criminal conduct knowing you could be searched at any time.

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