Malcolm Rivera
The Fourth Amendment to the US Constitution protects citizens from unreasonable searches and seizures by the government. It states that a search or arrest usually requires a judicially sanctioned warrant, based on probable cause and limited in scope. This amendment was passed by Congress on September 25, 1789, and ratified on December 15, 1791. The Fourth Amendment is enforced through the exclusionary rule, which means that evidence obtained in violation of it is generally inadmissible in court. However, the Supreme Court has limited the exclusionary rule in certain cases, such as United States v. Calandra (1974), where it ruled that grand juries could use illegally obtained evidence when questioning witnesses.
| Characteristics | Values |
|---|---|
| Date passed by Congress | September 25, 1789 |
| Date ratified | December 15, 1791 |
| Protection | People are protected from unreasonable searches and seizures by the government |
| Warrants | Warrants are required for searches and arrests, issued only upon probable cause, supported by oath or affirmation, and describing the place to be searched and items to be seized |
| Exclusionary rule | Evidence obtained in violation of the Fourth Amendment is generally inadmissible in court |
| Limitations | The exclusionary rule has been limited by the Supreme Court in cases such as United States v. Calandra (1974) and United States v. Leon (1984) |
| Modern application | Relevant in the context of government surveillance and data collection, as seen in Klayman v. Obama (2013) |
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What You'll Learn
The right to be secure in persons, houses, papers and effects
The Fourth Amendment of the US Constitution protects the right of the people to be secure in their persons, houses, papers, and effects. This means that people have the right to be free from unreasonable searches and seizures of their property and person. This protection extends to their homes, personal belongings, and other personal spaces.
The Fourth Amendment was passed by Congress on September 25, 1789, and ratified on December 15, 1791. It is part of the Bill of Rights, which comprises the first ten amendments to the Constitution. The amendment was established to protect people's right to privacy and prevent unreasonable intrusions by the government.
To conduct a search or seizure, a warrant is generally required. However, the Fourth Amendment does not guarantee protection from all searches and seizures, but specifically those conducted by the government and deemed unreasonable under the law. Warrants must be based on probable cause, supported by an oath or affirmation, and must specifically describe the place to be searched and the persons or things to be seized.
There are exceptions to the warrant requirement. For example, in exigent circumstances, where obtaining a warrant is impractical, an officer with probable cause may conduct a warrantless search. Consensual searches, certain brief investigatory stops, and searches incident to a valid arrest are also exceptions. However, warrantless searches are generally not permitted in domestic security cases, and there is no general exception to the warrant requirement in national security cases.
To claim a violation of their Fourth Amendment rights, individuals must prove that their privacy was invaded. This means that they must demonstrate that the search or seizure was unreasonable and violated their right to be secure in their persons, houses, papers, and effects.
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Search and seizure laws
The Fourth Amendment to the US Constitution protects people from unreasonable searches and seizures by the government. It states that:
> 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.
This amendment was passed by Congress on September 25, 1789, and ratified on December 15, 1791. It was based on the Virginia Declaration of Rights (1776), which explicitly forbade the use of general warrants, and Article XIV of the Massachusetts Declaration of Rights (1780), which stated that all searches must be "reasonable".
The Fourth Amendment requires that searches and arrests are generally carried out with a judicially sanctioned warrant, based on probable cause, and limited in scope. This means that, in most cases, a judge or magistrate must approve a search or arrest before it is carried out. One of the specifically established exceptions to this rule is that an officer at an international border may conduct routine stops and searches.
Courts enforce the Fourth Amendment through the use of the exclusionary rule, which states that evidence obtained through a violation of the Fourth Amendment is generally not admissible by the prosecution during a criminal trial. However, since 1974, the Supreme Court has limited the exclusionary rule, ruling that grand juries may use illegally obtained evidence when questioning witnesses, and establishing a "good faith" exception for evidence seized with a warrant that is later found to be defective.
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The exclusionary rule
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. It was adopted in response to the abuses of the British government in the colonies, which included general warrants and arbitrary searches and seizures. The Amendment requires that searches and seizures be reasonable and that warrants be issued only upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.
One of the most important consequences of the Fourth Amendment is the exclusionary rule. This rule acts as a remedy for violations of the amendment and is a critical part of the amendment's enforcement. The exclusionary rule is a judicially created remedy that prohibits the use of most evidence obtained through violations of the Fourth Amendment in criminal trials. The rule is designed to deter law enforcement officials from violating the constitutional rights of citizens by denying the prosecution the use of illicitly obtained evidence.
The application of the exclusionary rule can vary depending on the circumstances of the case and the evidence in question. Generally, if a court determines that evidence was obtained in violation of the Fourth Amendment, that evidence will be excluded from the trial, meaning that it cannot be used by the prosecution to try to secure a conviction. This includes not only the direct product of the illegal search or seizure but also any evidence derived from it, known as the "fruit of the poisonous tree." For example, if the police conduct an unlawful search of a person's home and find illegal drugs, those drugs cannot be used as evidence in a trial against that person. Additionally, if the police then use information gained from finding the drugs to obtain a warrant to search the person's car, any evidence found in the car would also be excluded as fruit of the poisonous tree.
It is important to note that the exclusionary rule is not without exceptions. One significant exception is the "good faith" exception, which allows the use of evidence obtained in violation of the Fourth Amendment if the officers who obtained the evidence acted in reasonable good faith reliance on a warrant that was later found to be invalid or based on a misunderstanding of the law that was reasonable at the time. Another exception is the "inevitable discovery" doctrine, which permits the introduction of illegally obtained evidence if the prosecution can prove that the evidence would have ultimately been discovered by lawful means.
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Warrants and probable cause
The Fourth Amendment of the US Constitution protects people's right to privacy and freedom from unreasonable government intrusion. It states that people have the right to be secure in their persons, houses, papers, and effects, and this protection extends to searches and seizures.
The Fourth Amendment outlines the requirements for a warrant to be issued. A warrant is a legal document that authorises a search or seizure by law enforcement. To obtain a warrant, law enforcement must demonstrate probable cause, which is a reasonable belief that a crime has been or will be committed. This belief must be supported by oath or affirmation and must include specific details about the place to be searched and the persons or things to be seized.
Probable cause is determined by the factual and practical considerations of everyday life, rather than strict legal criteria. It can be established through personal observations of law enforcement officers, informant tips, or a combination of both. For example, in United States v. Ventresca, an officer's belief that an illegal distillery was being operated at a certain location, based on personal observations, was held to be sufficient probable cause for a warrant.
In some cases, anticipatory warrants may be issued based on probable cause that evidence of a crime will be found at a specific location in the future. For example, in Draper v. United States, an informant's tip about a defendant transporting narcotics, along with FBI agents' observations, established probable cause for an arrest without a warrant.
While warrants are generally preferred, warrantless searches and seizures may be lawful under certain circumstances. These include obtaining voluntary consent, conducting a search incident to a lawful arrest, or having probable cause with exigent circumstances, such as imminent danger or destruction of evidence. However, warrantless searches must still respect individuals' reasonable expectation of privacy, and any evidence collected may be challenged in court if it violates the Fourth Amendment.
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The Virginia Declaration of Rights
The Fourth Amendment to the US Constitution protects people against unreasonable searches and seizures. It states that no warrants shall be issued without probable cause and that people have a right to security in their persons, houses, papers, and property.
The Declaration consists of sixteen articles affirming the inherent rights to life, liberty, property, and the pursuit of happiness and safety. It describes a view of government as the servant of the people and enumerates its separation of powers into the administration, legislature, and judiciary.
Articles 1–3 address rights and the relationship between the government and the governed, while Articles 7–16 propose restrictions on the powers of the government. These include the establishment of legal rights such as the right to confront accusers and witnesses, present evidence, and receive a speedy trial by an impartial jury, as well as protections against self-incrimination, cruel and unusual punishments, and baseless search and seizure.
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Frequently asked questions
The Fourth Amendment protects people from unreasonable searches and seizures by the government. It states that a search or an arrest generally requires a judicially sanctioned warrant, based on probable cause.
This term refers to searches and seizures that are deemed unreasonable under the law. The 'reasonableness' of a search is determined by balancing the intrusion on an individual's Fourth Amendment rights against legitimate government interests, such as public safety.
A warrant must be supported by probable cause and be limited in scope. It should also specifically describe the place to be searched and the persons or things to be seized.
One way courts enforce the Fourth Amendment is through the exclusionary rule, which states that evidence obtained through a violation of the Fourth Amendment is generally not admissible by the prosecution during a criminal trial.
Yes, there are some exceptions to the Fourth Amendment. For example, special law enforcement concerns may justify highway stops without any individualized suspicion, and officers at international borders may conduct routine stops and searches.
