Omar Bennett
The Fourth Amendment (Amendment IV) to the United States Constitution, introduced in 1789, is part of the Bill of Rights. It protects people from unreasonable searches and seizures by the government and sets requirements for issuing warrants. The Fourth Amendment was introduced in response to Anti-Federalist objections to the new Constitution and was officially ratified on December 15, 1791.
| Characteristics | Values |
|---|---|
| Part of | Bill of Rights |
| Prohibits | Unreasonable searches and seizures |
| Sets requirements for | Issuing warrants |
| Warrants must be | Issued by a judge or magistrate |
| Warrants must be | Justified by probable cause |
| Warrants must be | Supported by oath or affirmation |
| Warrants must | Particularly describe the place to be searched and the persons or things to be seized |
| Case law deals with | What government activities are "searches" and "seizures" |
| Case law deals with | What constitutes probable cause to conduct searches and seizures |
| Case law deals with | How to address violations of Fourth Amendment rights |
| Enforced by | The exclusionary rule |
| Introduced in Congress | 1789 |
| Introduced by | James Madison |
| Ratified | December 15, 1791 |
| Announced as part of the Constitution | March 1, 1792 |
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What You'll Learn
The right to privacy
The Fourth Amendment (Amendment IV) to the United States Constitution, introduced in 1789 and ratified in 1791, is part of the Bill of Rights. It protects "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures". This amendment sets requirements for issuing warrants, which must be issued by a judge or magistrate, justified by probable cause, and must specifically describe the place to be searched and the persons or things to be seized.
The Fourth Amendment has been interpreted and refined through various court cases over the years. Early court decisions limited the amendment's scope to physical intrusion of property or persons. However, in Katz v. United States (1967), the Supreme Court held that its protections extend to intrusions on the privacy of individuals as well. This case established that the Fourth Amendment protects individuals' privacy rights, not just physical spaces.
The exclusionary rule, established in Weeks v. United States (1914), is one way the amendment is enforced. This rule states that evidence obtained as a result of a Fourth Amendment violation is generally inadmissible at criminal trials. Cases such as Silverthorne Lumber Co. v. United States (1920) and Nardone v. United States (1939) further emphasised this by ruling that illegally seized evidence was "tainted" and inadmissible in legal trials.
The Fourth Amendment has been invoked in modern times in relation to mass surveillance programs, particularly after the 9/11 terrorist attacks. Supporters of these programs argue that they are necessary for crime and terrorism deterrence, while critics argue that they are too invasive and often retrieve data that is irrelevant to potential court trials.
The amendment has also been the subject of debate in the digital age, with cases such as Smith and Carpenter v. United States (2018) addressing the expectation of privacy regarding telephone numbers and cell phone records. The Carpenter ruling narrowed the Third-Party Doctrine, requiring law enforcement to obtain a search warrant before accessing cell site location information (CSLI).
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Unreasonable searches and seizures
The Fourth Amendment (Amendment IV) to the United States Constitution is part of the Bill of Rights, which was introduced in Congress in 1789 and ratified on December 15, 1791. The Fourth Amendment 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 is prohibited from conducting unreasonable searches and seizures of an individual's property or person.
The Fourth Amendment sets requirements for issuing warrants, which must be issued by a judge or magistrate and justified by probable cause, supported by oath or affirmation. The warrant must also particularly describe the place to be searched and the persons or things to be seized. This amendment deals with three main issues: what government activities are considered "searches" and "seizures", what constitutes probable cause to conduct searches and seizures, and how to address violations of Fourth Amendment rights.
Early court decisions limited the amendment's scope to physical intrusion of property or persons, but in Katz v. United States (1967), the Supreme Court held that its protections extend to intrusions on the privacy of individuals as well. In this case, the Court ruled that individuals have a reasonable expectation of privacy under the Fourth Amendment. Similarly, in Carpenter v. United States (2018), the Court ruled that individuals have a reasonable expectation of privacy regarding their cell phone records, even though they voluntarily turned over that information to cell phone companies.
The Fourth Amendment is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law. The extent to which an individual is protected by the Fourth Amendment depends on the location of the search or seizure and the balance between the intrusion on an individual's rights and legitimate government interests, such as public safety.
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Requirements for issuing warrants
The Fourth Amendment to the United States Constitution is part of the Bill of Rights. It prohibits unreasonable searches and seizures and sets out requirements for issuing warrants.
The Fourth Amendment requires that warrants must be issued by a judge or magistrate and justified by probable cause. This means that law enforcement must provide evidence to a judge, who will decide whether there is sufficient reason to believe that a crime has taken place, or is about to take place, to justify a search or seizure. The warrant must be supported by an oath or affirmation, and it must include specific details about the place to be searched and the persons or items to be seized.
The requirement for probable cause has been the subject of several court cases, which have considered what constitutes probable cause and the extent of an individual's right to privacy. For example, in Carpenter v. United States (2018), the Court ruled that individuals have a reasonable expectation of privacy under the Fourth Amendment regarding their cell phone records, even though this information is turned over to third-party companies. This case narrowed the Third-Party Doctrine, requiring law enforcement to obtain a search warrant before accessing cell site location information.
Another case, Smith, held that individuals do not have a "legitimate expectation of privacy" regarding the telephone numbers they dial because they knowingly provide this information to telephone companies. In Maryland v. Macon (1985), it was decided that if an item is in plain view, then a warrant is not required for its seizure.
The Fourth Amendment was introduced in 1789 by James Madison and officially became part of the Constitution in 1792. It was a response to Anti-Federalist objections to the new Constitution and aimed to protect individuals' privacy and security. The Amendment's requirements for warrants help to ensure that searches and seizures are reasonable and justified, balancing the need for law enforcement to investigate crimes with individuals' rights to privacy and security.
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Protecting against general warrants
The Fourth Amendment (Amendment IV) to the United States Constitution is part of the Bill of Rights. It protects people from "unreasonable searches and seizures" by the government. The Fourth Amendment was introduced in 1789 by James Madison and officially became part of the Constitution on March 1, 1792.
The Fourth Amendment sets requirements for issuing warrants. Warrants must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must particularly describe the place to be searched and the persons or things to be seized.
The Fourth Amendment has been interpreted and enforced through various court cases over the years. For example, in Silverthorne Lumber Co. v. United States (1920), the Supreme Court ruled that illegally seized and copied evidence was "tainted" and inadmissible in a legal trial. In Nardone v. United States (1939), the Court ruled that evidence obtained through warrantless wiretaps was also inadmissible in court proceedings.
The exclusionary rule is another way the Fourth Amendment is enforced. This rule holds that evidence obtained as a result of a Fourth Amendment violation is generally inadmissible at criminal trials. This rule was established in Weeks v. United States (1914).
The Fourth Amendment has been invoked in the modern world, particularly in the context of mass surveillance and the War on Terror. Supporters of these programs argue that they are rooted in the "probable cause" of deterring crime and terrorism. However, critics argue that these programs are too invasive and violate the Fourth Amendment.
The Fourth Amendment has also been applied to modern technologies, such as cell phone records and CSLI (cell site location information). In Carpenter v. United States (2018), the Supreme Court ruled that individuals have a reasonable expectation of privacy under the Fourth Amendment regarding their cell phone records, even though they voluntarily turned over that information to cell phone companies. This ruling narrowed the Third-Party Doctrine, requiring law enforcement to obtain a search warrant before accessing CSLI records.
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Probable cause
The Fourth Amendment to the United States Constitution is part of the Bill of Rights. It protects the people from "unreasonable searches and seizures" by the government. The Fourth Amendment states that no warrants shall be issued without "probable cause", supported by oath or affirmation, and must particularly describe the place to be searched and the persons or things to be seized.
The concept of "probable cause" is a key element of the Fourth Amendment and is central to the issue of when searches and seizures can be deemed reasonable. "Probable cause" refers to the justification for a search or seizure, and it must be supported by facts or evidence. This means that law enforcement must be able to provide a valid reason for conducting a search or seizure, and it cannot be done arbitrarily or without cause.
The requirement of "probable cause" ensures that individuals' rights to privacy are respected and protected. It serves as a safeguard against unwarranted government intrusion into people's persons, houses, papers, and effects. This protection extends beyond physical spaces, as established in Katz v. United States (1967), where the Supreme Court held that the Fourth Amendment protects against intrusions on the privacy of individuals as well.
The determination of "probable cause" is a critical aspect of Fourth Amendment case law. Courts decide whether there was sufficient justification for a search or seizure based on the specific facts and circumstances of each case. The standard for "probable cause" is generally understood to mean that there is a fair probability or a reasonable belief that evidence of a crime will be found in a particular place or with a particular person.
The interpretation and application of "probable cause" have evolved over time, with modern challenges arising from advancements in technology and changing societal norms. For example, Carpenter v. United States (2018) established 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 highlighted the evolving nature of privacy rights in the digital age and the ongoing need to balance individual privacy with law enforcement interests.
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Frequently asked questions
Amendment IV, or the Fourth Amendment, is part of the Bill of Rights and prohibits unreasonable searches and seizures.
This is determined by balancing the intrusion on an individual's Fourth Amendment rights against legitimate government interests, such as public safety.
Warrants must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must describe the place to be searched and the persons or things to be seized.
In the late 18th and early 19th centuries, policing in the US was largely conducted by citizens. As cities grew, there were calls for the creation of full-time police officers. The Fourth Amendment was introduced in this context to protect individuals' privacy and limit the power of law enforcement.
The Fourth Amendment has been at the centre of debates around mass surveillance programs introduced after the 9/11 terrorist attacks. Supporters argue that these programs are rooted in the "probable cause" of deterring crime and terrorism, while critics argue that they are too invasive and violate the Fourth Amendment.
