Omar Bennett
The Fourth Amendment to the United States Constitution, also known as Amendment 4, is a critical component of the Bill of Rights that safeguards the privacy and security of individuals against unreasonable searches and seizures by the government. It was introduced in 1789 by James Madison and ratified in 1791, addressing concerns about increasing infringements on privacy in both the colonies and England. The amendment establishes that people have the right to be secure in their persons, houses, papers, and effects, and that warrants for searches and seizures must be based on probable cause, supported by an oath or affirmation, and describe the specific places and items to be searched. This amendment has been central to debates around privacy, surveillance, and the powers of law enforcement in the modern era.
| Characteristics | Values |
|---|---|
| Date proposed | 25 September 1789 |
| Date ratified | 15 December 1791 |
| Proposer | James Madison |
| Purpose | To enforce the notion that "each man's home is his castle", secure from unreasonable searches and seizures of property by the government |
| Protection | Against arbitrary arrests, search warrants, stop-and-frisk, safety inspections, wiretaps, other forms of surveillance, and privacy law violations |
| Requirements for government searches | Probable cause, supported by oath or affirmation, and particular description of place and items |
| Requirements for seizures of property | Meaningful interference with an individual's possessory interests in that property |
| Court enforcement | Exclusionary rule, which holds that evidence obtained as a result of a Fourth Amendment violation is generally inadmissible at criminal trials |
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What You'll Learn
The right to privacy
The Fourth Amendment to the United States Constitution, also known as "The Right to Privacy", was ratified on December 15, 1791. It protects US citizens from unreasonable searches and seizures, stating:
> "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants 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."
The Fourth Amendment was introduced to address increasing infringements on privacy in the colonies and England. In England, "general warrants" allowed royal officials to search the belongings of those suspected of being political enemies without any other cause. In the colonies, "writs of assistance" authorised officials to conduct warrantless searches for untaxed items. The Fourth Amendment requires that any search or seizure of an individual's home or property must be authorised by a judge and be on the grounds of "probable cause".
The Fourth Amendment is frequently invoked in criminal proceedings, where it is often used to exclude evidence obtained through unreasonable searches and seizures. This is known as the "exclusionary rule", which was established in Weeks v. United States (1914). The amendment has also been central to several landmark cases, including Carpenter v. United States (2018), which ruled that individuals have a reasonable expectation of privacy under the Fourth Amendment regarding their cell phone records.
In the modern era, the Fourth Amendment has been the subject of debate as police and intelligence agencies in the US have engaged in controversial activities, such as the bulk collection of Americans' telephone and internet data as part of the War on Terror. Supporters of these measures argue that they are justified by the "'probable cause' of deterring crime and terrorism, while critics argue that they are too invasive and violate the Fourth Amendment.
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Unreasonable searches
The Fourth Amendment to the United States Constitution protects the American people from unreasonable searches and seizures of their persons, houses, papers, and effects. This means that people have a right "to be secure" in these areas of their lives "against unreasonable searches and seizures". The Fourth Amendment enforces the notion that "each man's home is his castle", and that individuals have a right to privacy and security in their homes and possessions.
The Fourth Amendment requires that any search or seizure must be authorised by a judge beforehand, and must be on the grounds of ""probable cause". This means that a person's property or home cannot be searched without a warrant, which must be supported by oath or affirmation, and must specifically describe the place to be searched and the items to be seized.
The Fourth Amendment is frequently debated, particularly in the context of the War on Terror, which has seen an increase in mass surveillance. Supporters of these measures argue that they are justified by the "probable cause" of deterring crime and terrorism. Critics, however, argue that these programs are too invasive and widespread to be justified under the Fourth Amendment.
The Fourth Amendment is most commonly invoked in criminal proceedings, where it can be used to exclude evidence obtained through illegal searches or seizures. This is known as the "exclusionary rule". This rule holds that evidence obtained as a result of a Fourth Amendment violation is generally inadmissible at criminal trials.
The Fourth Amendment also forms the basis of the law regarding search warrants, stop-and-frisk, safety inspections, wiretaps, and other forms of surveillance.
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Unreasonable seizures
The Fourth Amendment to the US Constitution, also known as Amendment Four, protects the American people from "unreasonable searches and seizures". The amendment was ratified on December 15, 1791, and its official text is as follows:
> "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants 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."
The Fourth Amendment enforces the notion that "each man's home is his castle", secure from unreasonable searches and seizures of property by the government. It protects against arbitrary arrests and is central to criminal law and privacy law. The amendment requires that every search or seizure of an individual's home and property be authorised by a judge beforehand, and that the operation must be conducted on the grounds of "probable cause".
The Fourth Amendment has been frequently debated in recent years, as police and intelligence agencies in the United States have engaged in controversial activities, such as the bulk collection of Americans' telephone and internet data, and the aggressive use of "stop and frisk".
The amendment is enforced through the exclusionary rule, which states that evidence obtained as a result of a Fourth Amendment violation is generally inadmissible at criminal trials. Evidence discovered later as a result of an illegal search may also be inadmissible as "fruit of the poisonous tree", unless it inevitably would have been discovered by legal means.
The Fourth Amendment has been interpreted by the courts to apply to both the physical world and the networked world. In the physical world, the government and police are free to do many things without constitutional oversight. For example, they can watch people in a public place or follow a car driving down the street. However, they need a cause to stop people and a warrant to enter private places like homes. The goal for interpreting the Fourth Amendment in the online setting is to strike a similar balance, allowing the police to collect some evidence without restriction while also limiting the government's actions to protect civil liberties.
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Search warrants
The Fourth Amendment to the US Constitution, also known as Amendment Four, protects the American people from unreasonable searches and seizures. Search warrants are a key element of the Fourth Amendment, which states that "no Warrants 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".
This means that a search warrant must be authorised by a judge and based on probable cause. The amendment also requires that the warrant specifically describes the location to be searched and the items to be seized. This is to prevent general warrants, which were historically used to authorise searches without any specific cause or suspicion of criminal activity.
The Fourth Amendment is frequently debated in the context of modern surveillance practices, such as the bulk collection of telephone and internet data, and the use of drones and other emerging technologies. Supporters of these practices argue that they are justified by the "probable cause" of deterring crime and terrorism. However, critics argue that these practices are too invasive and widespread to be covered by the Fourth Amendment.
The amendment has also been central to several court cases that have shaped the law surrounding search warrants. For example, in Carpenter v. United States (2018), it was ruled that individuals have a reasonable expectation of privacy under the Fourth Amendment regarding their cell phone records, and therefore law enforcement must obtain a search warrant before accessing this data.
Another important case is Silverthorne Lumber Co. v. United States (1920), which established that evidence obtained illegally, without a warrant, is "tainted" and therefore inadmissible in court. This principle, known as the exclusionary rule, has been a source of controversy, as it sometimes leads to guilty individuals being freed due to improperly obtained evidence being ruled inadmissible.
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Probable cause
The Fourth Amendment to the United States Constitution protects the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. This means that the government cannot arbitrarily search or seize a person's property without a valid reason, and that any search or seizure must be authorised by a judge and supported by probable cause.
The determination of probable cause can be complex and is often a matter of debate. It involves assessing whether there is a reasonable suspicion of criminal activity based on the totality of the circumstances. This may include considering factors such as eyewitness statements, informant tips, suspicious behaviour, and physical evidence. The standard of proof for probable cause is lower than that of beyond a reasonable doubt required for a criminal conviction, but it must still be based on factual and reliable information.
The requirement of probable cause has been the subject of numerous court cases, which have further defined and refined its interpretation. For example, in Carpenter v. United States (2018), the Supreme Court held that individuals have a reasonable expectation of privacy under the Fourth Amendment regarding their cell phone records, even though they voluntarily provided this information to cell phone companies. This case narrowed the Third-Party Doctrine, requiring law enforcement to obtain a search warrant based on probable cause before accessing cell site location information.
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