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Constitution fourth Amendment it states, that the people have the right to be secure in their persons, houses, papers, and effects, against unreasonable search and seizures, shall not be violated. No Warrant 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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The Policy as initially implemented and applied to four of the Petitioners required the immediate arrest of any patient when a search of her or her newborn resulted in evidence of cocaine. The patients arrested during the Policy's beginning months received no referral for drug treatment and no opportunity to obtain treatment as an "alternative" to arrest...
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