Isabella Carter
The Fourth Amendment to the United States Constitution prohibits the federal government from conducting unreasonable searches and seizures. This means that police officers cannot search a person without a warrant or probable cause. The amendment was introduced in 1789 and ratified in 1791 as part of the Bill of Rights. The Fourth Amendment's core purpose is to protect personal privacy and dignity against unwarranted intrusion by the state. This includes protection from unreasonable searches and seizures by public school officials and the government's acquisition of an individual's cell-site records.
| Characteristics | Values |
|---|---|
| Amendment Number | Fourth Amendment |
| Year of Ratification | 1791 |
| Application | Federal government |
| Scope | Search and seizure activities |
| Requirements | Warrant, probable cause, supported by oath or affirmation, and particular description of place and items |
| Exceptions | Consent searches, motor vehicle searches, evidence in plain view, exigent circumstances, border searches |
| Enforcement | Exclusionary rule, Bivens action, §1983 claim |
| Notable Cases | Katz v. United States (1967), Mapp v. Ohio (1961), Schmerber v. California (1966), Silverman v. United States (1961), Berger v. New York (1967), Collins v. Virginia (2018), Utah v. Strieff (2016), Riley v. California (2014) |
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What You'll Learn
The Fourth Amendment
The exclusionary rule is another 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. The Supreme Court's decisions concerning the Fourth Amendment are important in criminal law and procedure today, providing clarity on situations in which a warrantless search is legal and the consequences of illegal searches and seizures.
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Search warrants
The Fourth Amendment to the United States Constitution prohibits the federal government from conducting unreasonable searches and seizures. This means that police cannot search a person without a warrant or probable cause. The Fourth Amendment was introduced in 1789 and ratified in 1791 as part of the Bill of Rights.
To obtain a search warrant, police must present a judge with an ITO (information to obtain) form that contains reasonable and probable grounds to believe an offence has been or is being committed. The warrant then authorises them to search a specific place and seize specific items or people. The Fourth Amendment states that:
> [N]o 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.
The Fourth Amendment does not protect against all searches and seizures, but only those deemed unreasonable under the law. For example, a search incidental to an arrest that is not permissible under state law does not violate the Fourth Amendment, so long as the arresting officer has probable cause.
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Protection of personal property
The Fourth Amendment of the United States Constitution protects personal property by barring illegal searches and seizures by police. 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". This provision protects people's privacy and freedom from unreasonable intrusions by the government.
To conduct a legal search and seizure, law enforcement must obtain a warrant based on probable cause. A search or seizure without a warrant is generally unreasonable and unconstitutional. However, there are exceptions to the warrant requirement, such as when objects are in plain view, or in the case of abandoned property or properties in an open field.
The Fourth Amendment also covers investigatory stops that fall short of arrests, such as Terry stops or traffic stops. These stops must be temporary and conducted in a manner necessary to fulfil their purpose, with an officer's reasonable suspicion being sufficient to justify them.
The amendment's protection of personal property has been the subject of several landmark Supreme Court decisions, including:
- Katz v. United States (1967): Law enforcement agents installed a recording device in a public telephone booth, leading to a ruling that the Fourth Amendment's protections include "conversation" and are not limited to physical locations.
- Mapp v. Ohio (1961): The Court held that the Fourth Amendment rights apply in both state and federal courts, ensuring that illegally obtained evidence cannot be used in court.
- Berger v. New York (1967): The Court clarified that the probable cause requirement of the Fourth Amendment is to prevent the state from intruding until it has reason to believe a crime has been or is being committed.
- Delaware v. Prouse (1979): The Court ruled that an officer made an illegal seizure by stopping a driver to check their license and registration without reasonable suspicion.
- Schmerber v. California (1966): The Court affirmed that the Fourth Amendment's core function is to protect personal privacy and dignity against unwarranted state intrusion.
- Maryland v. King (2013): The Court upheld the constitutionality of police swabbing for DNA upon arrests for serious crimes, similar to taking fingerprints or photographs.
- Weeks v. United States (1914): Established the exclusionary rule, making evidence obtained through a Fourth Amendment violation generally inadmissible in criminal trials.
- Oregon District Court Case (2007): Judge Ann Aiken ruled that sneak-and-peek warrants, which allow law enforcement to delay notifying the property owner of a warrant, are unconstitutional.
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Probable cause
The Fourth Amendment to the United States Constitution prohibits the federal government from conducting unreasonable searches and seizures. This means that police cannot search a person without a warrant or probable cause. The amendment also applies to arrests and the collection of evidence.
The Fourth Amendment was ratified by the states in 1791 as part of the Bill of Rights. It was proposed in response to the English Crown's use of its power to search and seize people and property. The amendment's ultimate goal is to protect people's right to privacy and freedom from unreasonable government intrusions.
In some cases, probable cause can justify a warrantless search or seizure. For example, a warrantless search may be lawful if an officer has probable cause and there are exigent circumstances, such as imminent danger or the destruction of evidence. Similarly, a warrantless arrest may be justified if there is probable cause and urgent need, such as a threat to public safety or the escape of a suspect.
The standards of probable cause differ for arrests and searches, and the determination of probable cause is made by a court or magistrate. The Fourth Amendment also allows for certain exceptions to the warrant requirement, such as consent searches, motor vehicle searches, evidence in plain view, and exigent circumstances.
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Exclusionary rule
The Fourth Amendment to the United States Constitution prohibits the federal government from conducting unreasonable searches and seizures. This amendment was ratified by the states in 1791 as part of the Bill of Rights. The Fourth Amendment ensures that people are secure in their persons, houses, papers, and effects against unreasonable searches and seizures. It also states that no warrants shall be issued without probable cause, supported by oath or affirmation, and that the place to be searched and the persons or things to be seized must be described particularly.
The exclusionary rule is a court-created remedy and deterrent that prevents the government from using most evidence gathered in violation of the United States Constitution. This rule applies to all persons within the jurisdiction of the United States, regardless of citizenship or immigration status. The exclusionary rule was established in Weeks v. United States (1914) and holds that evidence obtained as a result of a Fourth Amendment violation is generally inadmissible at criminal trials. The rule also applies to evidence discovered later as a result of an illegal search, known as the "fruit of the poisonous tree". However, this rule does not apply if the evidence would have inevitably been discovered by legal means.
The exclusionary rule is designed to deter law enforcement officers from conducting illegal searches and seizures and to provide remedies to defendants whose rights have been infringed. It is based on constitutional rights but is not an independent constitutional right itself. The rule also applies to evidence gained from unreasonable searches or seizures in violation of the Fourth Amendment, as established in Mapp v. Ohio. Additionally, the exclusionary rule applies to improperly elicited self-incriminatory statements gathered in violation of the Fifth Amendment, as per Miranda v. Arizona. It also protects against violations of the Sixth Amendment, which guarantees the right to counsel.
While the exclusionary rule serves as a crucial check on police powers, it has limitations and exceptions. For example, it does not prevent the government from introducing illegally gathered evidence to impeach or attack the credibility of a defendant's testimony at trial, as recognised by the Supreme Court in Harris v. New York. Another exception is the good-faith exception, where evidence obtained by officers who reasonably rely on an invalid search warrant is not excluded. Furthermore, the exclusionary rule does not apply in civil cases, including deportation hearings, as seen in INS v. Lopez-Mendoza.
The Fourth Amendment and the exclusionary rule have evolved through various Supreme Court decisions, such as Katz v. United States (1967), which clarified the situations in which a warrantless search is legal and what constitutes a search. These rulings have shaped the understanding and application of the Fourth Amendment's protections against unreasonable searches and seizures.
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Frequently asked questions
The Fourth Amendment of the U.S. Constitution bars illegal searches and seizures by the federal government.
A search is generally unreasonable and unconstitutional if conducted without a valid warrant. However, the Fourth Amendment does not guarantee protection from all searches, only those deemed unreasonable under the law.
The Fourth Amendment protects personal privacy and dignity against unwarranted intrusion by the state. It also protects people's right to privacy and freedom from unreasonable intrusions by the government.
