Simone Lawson
The Fourth Amendment to the United States Constitution, part of the Bill of Rights, was introduced in 1789 and ratified on December 15, 1791. The amendment was made in response to increasing infringements on privacy in the colonies and England. It protects the American people from unreasonable searches and seizures, stating 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. The Fourth Amendment also sets requirements for issuing warrants, stating that warrants must be issued by a judge or magistrate, justified by probable cause, and must particularly describe the place to be searched and the persons or things to be seized.
| Characteristics | Values |
|---|---|
| Name | Fourth Amendment to the United States Constitution |
| Ratification | December 15, 1791 |
| Subject | Search and Seizure |
| Key Provisions | The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. Warrants based on probable cause and supported by oath or affirmation, particularly describing the place to be searched and the persons or things to be seized |
| Applicability | Restricts the government's power to search and seize private property |
| Exceptions | The amendment does not specify exceptions, but they have been established through legal interpretation and case law |
| Current Relevance | The Fourth Amendment continues to be a crucial part of US law, frequently invoked in debates around privacy and surveillance |
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What You'll Learn
The right to privacy
The Fourth Amendment to the United States Constitution, passed by Congress on September 25, 1789, and ratified on December 15, 1791, is a part of the Bill of Rights. It protects the right to privacy and guarantees the security of one's privacy against arbitrary intrusion by the police or the state.
The Fourth Amendment prohibits unreasonable searches and seizures and 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 amendment's protection extends to intrusions on the privacy of individuals, as well as to physical locations.
The Fourth Amendment's core is the right to be secure in one's persons, houses, papers, and effects against unreasonable searches and seizures. This includes protection against warrantless long-term, continuous, and covert surveillance of the outside of one's home. The amendment also applies to modern technologies, such as cell phone records and DNA collection, where courts have ruled that individuals have a reasonable expectation of privacy.
The Supreme Court has held that the Fourth Amendment protects privacy rather than property, and electronic surveillance is subject to the amendment's requirements. The Court has adopted a new approach, considering whether there is an expectation of privacy that one can justifiably rely on, rather than focusing on property interests.
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Search and seizure laws
The Fourth Amendment (Amendment IV) to the United States Constitution is part of the Bill of Rights, which was proposed by the First Congress of the United States on September 25, 1789. The Fourth Amendment was ratified, along with the other nine amendments, 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 any search or seizure must be authorised by a judge beforehand and must be conducted on the grounds of probable cause. The Fourth Amendment also 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's core is the right to be free from unreasonable governmental intrusion, as the Supreme Court held in Silverman v. United States (1961). This was further emphasised in Schmerber v. California (1966), where the Court stated that the overriding function of the Fourth Amendment is to protect personal privacy and dignity against unwarranted intrusion by the State.
The Fourth Amendment has been interpreted to apply to intrusions on the privacy of individuals, not just physical locations, as seen in Katz v. United States (1967). This interpretation has been significant in the modern era, with the rise of mass surveillance and the collection of data through various means, such as drones and internet communications. Critics of these programs argue that they are too invasive and violate the Fourth Amendment.
The exclusionary rule is one way the Fourth Amendment is enforced. Established in Weeks v. United States (1914), this rule states that evidence obtained as a result of a Fourth Amendment violation is generally inadmissible at criminal trials. This was highlighted in Silverthorne Lumber Co. v. United States, where the court determined that illegally seized and copied evidence was "tainted" and inadmissible.
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Requirements for warrants
The Fourth Amendment to the United States Constitution, passed by Congress on September 25, 1789, and ratified on December 15, 1791, is part of the Bill of Rights. It prohibits unreasonable searches and seizures and sets out requirements for issuing warrants.
The Fourth Amendment outlines several requirements for issuing warrants:
- Warrants must be issued by a judge or magistrate: A neutral judge or magistrate must authorise the warrant.
- Probable cause: Warrants must be justified by probable cause, meaning there must be facts and circumstances that provide a reasonably trustworthy basis to believe a suspect has committed or is about to commit a crime.
- Oath or affirmation: Warrants must be supported by an oath or affirmation, often in the form of a sworn statement by the police officer.
- Particularity: Warrants must particularly describe the place to be searched and the persons or things to be seized. This means providing enough detail for a judge and fellow officer to identify the persons and places with reasonable effort. For example, a street address for a residence or a specific unit within a multiple-unit building.
Exceptions to the warrant requirement
While the Fourth Amendment establishes the warrant requirement, several exceptions have been outlined by the Supreme Court:
- Plain view: If police officers see evidence of a crime in plain view, they can seize the item and search the immediate area without a warrant.
- Hot pursuit: In Warden v. Hayden, the Court held that police may enter a private home or business without a warrant if they are in immediate pursuit of a felony suspect.
- Stop and frisk: In Terry v. Ohio, the Court clarified that officers can briefly stop and frisk individuals for weapons if they have a reasonable suspicion of criminal activity and a concern for their safety.
- Consent: Criminal suspects can voluntarily waive their Fourth Amendment rights and consent to a search of their person or property without a warrant.
- Good faith: In United States v. Leon (1984), the Court ruled that evidence obtained under a defective warrant could still be admissible if the officers reasonably relied on the warrant in good faith.
- Grand jury proceedings: In United States v. Calandra (1974), the Court allowed grand juries to use illegally obtained evidence when questioning witnesses, as the benefit of deterrence did not outweigh the damage to the grand jury process.
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Probable cause
The Fourth Amendment to the United States Constitution, passed by Congress on September 25, 1789, and ratified on December 15, 1791, guarantees people's right to privacy and freedom from unreasonable intrusions by the government. It states that people have the right to be secure in their persons, houses, papers, and effects, and that no warrants shall be issued without probable cause.
In the context of the Fourth Amendment, probable cause is required for warrants to be issued and for warrantless arrests and searches to be lawful. For warrants, an applicant must present a magistrate with facts sufficient to enable the determination of probable cause. The magistrate must then find probable cause and issue a warrant that specifically describes the place to be searched and the persons or things to be seized.
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Exclusionary rule
The Fourth Amendment to the United States Constitution was passed by Congress on September 25, 1789, and ratified on December 15, 1791.
The Exclusionary Rule is a significant aspect of the Fourth Amendment, which prohibits unreasonable searches and seizures and outlines specific requirements for issuing warrants. The rule was established in 1914 in the case of Weeks v. United States, and it holds that evidence obtained through a violation of the Fourth Amendment is generally inadmissible in criminal trials. This rule acts as a deterrent, aiming to prevent law enforcement officers from conducting unlawful searches or seizures.
The Exclusionary Rule is a court-created remedy rather than an independent constitutional right. While it provides protection against the use of most evidence gathered in violation of the Fourth Amendment, there are certain exceptions. For instance, in Harris v. New York, the Supreme Court recognised that illegally obtained evidence could be used to "impeach," or challenge, a defendant's testimony, serving as a truth-testing device to prevent perjury.
Additionally, the "good-faith" exception, recognised in cases like Arizona v. Evans and United States v. Leon, allows for the admission of evidence obtained by officers who reasonably relied on a warrant that was later found to be invalid. The Supreme Court has also ruled that the rule does not apply when police conduct a search based on binding appellate precedent permitting it, as seen in Davis v. U.S.
The Exclusionary Rule has been a subject of controversy, with critics arguing that it contradicts the original intent of the Constitution. Since 1974, the Supreme Court has limited the rule's application, acknowledging the tension between judicially created remedies and the separation of legislative and judicial powers.
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Frequently asked questions
The Fourth Amendment was passed by Congress on September 25, 1789, and ratified on December 15, 1791.
The Fourth Amendment is part of the Bill of Rights and prohibits unreasonable searches and seizures.
This has been a matter of debate. 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.
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.
In the late 18th and early 19th centuries, policing in the US was largely conducted by citizens during nighttime patrols. As cities grew, there were calls for the creation of full-time police officers. The Fourth Amendment was introduced in response to increasing infringements on privacy in the colonies and in England, where general warrants allowed officials to search belongings without cause.
