Eleanor Finch
The Fourth Amendment of the U.S. Constitution prohibits unreasonable searches and seizures by the government. It protects the right of the people to be secure in their persons, houses, papers, and effects, and no warrants shall be issued without probable cause. The ultimate goal of this provision is to protect people's right to privacy and freedom from unreasonable government intrusion. The Fourth Amendment is one of the main constitutional privacy protections in the United States, with its origins in early British law and policy. The advent of new technologies has raised questions about when police must obtain a warrant and what constitutes a search or seizure under the Fourth Amendment.
| Characteristics | Values |
|---|---|
| Amendment number | Fourth |
| What it prohibits | Unreasonable searches and seizures |
| Who it applies to | Federal and state governments, law enforcement, school officials |
| Requirements for a search or seizure | Warrant, probable cause, reasonable expectation of privacy |
| Exceptions | Exigent circumstances, border searches, highway sobriety checkpoints, school searches, traffic stops |
| Protections | Right to privacy, freedom from unreasonable intrusions, personal security, personal liberty, private property |
| Enforcement | Bivens action, §1983 claim, suppression of evidence |
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What You'll Learn
The Fourth Amendment and privacy
The Fourth Amendment of the US Constitution protects the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. This amendment stands for the principle that the government generally may not search its people or seize their belongings without appropriate process and oversight.
The Fourth Amendment is one of the main constitutional privacy protections in the United States. It requires that searches and seizures be carried out with a warrant, which must be supported by probable cause and describe with particularity the places to be searched and persons to be seized. This amendment was created in response to increasing infringements on privacy in both the colonies and England, where "general warrants" and "writs of assistance" authorized officials to conduct warrantless searches.
While the Fourth Amendment protects against unreasonable searches and seizures, it does not guarantee protection from all searches and seizures. For example, school officials can search a student without a warrant as long as the search is reasonable under the circumstances. Similarly, officers can conduct routine stops and searches at international borders, and states can set up highway sobriety checkpoints to combat drunk driving.
In the digital age, the Fourth Amendment continues to evolve. Courts are grappling with how it should apply to data generated by technologies like cell phones, smart cars, and wearable devices. In Carpenter v. United States (2018), the Supreme Court held that the government's demand for location information from a defendant's cell phone provider without a warrant violated the Fourth Amendment, recognizing that people have a reasonable expectation of privacy in their cell phone data and historical location information.
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Warrantless searches
The Fourth Amendment of the U.S. Constitution protects people from unreasonable searches and seizures without warrants. However, there are exceptions to this rule, and warrantless searches are permitted in certain circumstances.
Despite this, warrantless searches are allowed in specific situations, often referred to as exceptions. For example, school officials can search students without a warrant as long as it is reasonable under the circumstances, as per New Jersey v. TLO. Similarly, officers can search a vehicle without a warrant if they have probable cause to believe it contains evidence of criminal activity, as seen in Arizona v. Gant. In exigent circumstances, such as hot pursuit, emergency situations, or to prevent the destruction of evidence, officers can also conduct warrantless searches.
The Supreme Court has ruled that some warrantless searches may be deemed reasonable and comply with the Fourth Amendment. For instance, warrantless searches during lawful arrests or exigent circumstances are permitted. Additionally, the Fourth Amendment does not apply to searches conducted by school officials or private parties, who do not need a warrant as long as the search is reasonable.
In conclusion, while the Fourth Amendment protects against unreasonable searches and seizures without warrants, warrantless searches are allowed in specific circumstances. These exceptions are based on factors such as the degree of intrusion on privacy, the need to promote government interests, and exigent circumstances. The courts balance these factors to determine if a warrantless search is justified.
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Searches in schools
The Fourth Amendment of the U.S. Constitution protects the people from unreasonable searches and seizures by the government. However, this does not apply to all searches and seizures, but only those deemed unreasonable under the law.
The Fourth Amendment applies to searches conducted by school officials. In the context of schools, the Fourth Amendment seeks to balance student privacy with the need for school safety. School officials are not required to obtain a warrant before searching a student, but the search must be reasonable under the circumstances. This means that there must be reasonable grounds to suspect that the search will uncover evidence of a violation of the law or school rules. The search must also be reasonably related in scope to the circumstances that justified the interference.
For example, in Safford Unified School District #1 v. Redding, a student was found in possession of prescription ibuprofen pills, which she claimed had come from another student. This statement was deemed sufficient to warrant suspicion that the other student was involved in pill distribution, justifying a search of her backpack and outer clothing. However, school officials also conducted a strip search, which the Court found to be a violation of the Fourth Amendment. The Court considered the vulnerability of adolescents and the potential for emotional damage, concluding that the content of the suspicion did not match the degree of intrusion.
Another leading case is New Jersey v. T.L.O., where a high school student was caught smoking in a school bathroom. The Supreme Court recognised that the need to maintain a safe and orderly environment can justify searches that might not be permissible outside of school. Random searches of lockers, vehicles, or personal belongings are also permitted in schools, provided they meet the reasonableness standard. Additionally, the Supreme Court has upheld random drug testing of students participating in extracurricular activities.
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Searches at international borders
The Fourth Amendment of the US Constitution protects people from unreasonable searches and seizures by the government. However, it does not guarantee protection from all searches and seizures, only those deemed unreasonable under the law. The Fourth Amendment 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.
The Fourth Amendment's protections do not apply in the same way at international borders. This is known as the 'border search exception'. Under this exception, federal officers may generally conduct warrantless searches of persons and items upon their entry into the US without needing reasonable suspicion or probable cause of wrongdoing. This exception applies within 100 miles (160 km) of the US border.
The rationale for this exception is the government's interest in protecting itself by stopping and examining persons and property crossing into the country. The Supreme Court has stated that:
> [S]earches made at the border ... are reasonable simply by virtue of the fact that they occur at the border, [and] should, by now, require no extended demonstration.
However, the Supreme Court has also ruled that an extended detention as a result of a border search may be constitutionally permissible if it is reasonably related in scope to the circumstances that justified it initially. For example, in United States v. Montoya de Hernandez, the Supreme Court ruled that a 16-hour detention of an airline traveler from Colombia did not violate the Fourth Amendment, as it was based on a reasonable suspicion that she was smuggling contraband.
The main area of contention concerning the border search exception is its application to the search of a traveler's electronic devices. In 2018, two Circuit Court of Appeals issued conflicting rulings on this issue. In U.S. v. Kolsuz, the Fourth Circuit Court of Appeals held that it is unconstitutional for US border officials to subject visitors' devices to forensic searches without individualized suspicion of criminal wrongdoing. However, just five days later, in U.S. v. Touset, the Eleventh Circuit Court of Appeals ruled that the Fourth Amendment does not require suspicion for forensic searches of electronic devices at the border.
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The Fourth Amendment and arrests
The Fourth Amendment protects citizens against unreasonable searches and seizures and is part of the United States Constitution. The Fourth Amendment also applies to arrests and the collection of evidence.
The Fourth Amendment was intended to protect against arbitrary arrests and unreasonable searches. An arrest warrant is preferred but not required to make a lawful arrest under the Fourth Amendment. A warrantless arrest may be justified if probable cause and urgent need are present prior to the arrest. Probable cause is present when a police officer has a reasonable belief in the guilt of a suspect based on facts and information prior to the arrest. For example, a warrantless arrest may be legitimate if a police officer has probable cause to believe a suspect has committed a crime or is a threat to public safety. A police officer may also arrest a suspect to prevent their escape or to preserve evidence.
In the case of a warrantless arrest, a police officer must demonstrate exigent circumstances to justify the arrest. Exigent circumstances include situations where people are in imminent danger, evidence faces imminent destruction, or prior to a suspect's imminent escape. A warrantless arrest may be invalidated if a police officer fails to demonstrate exigent circumstances.
The Fourth Amendment also applies to pre-trial detention. For example, in Manuel v. Joliet, the petitioner challenged his pretrial detention on the ground that it violated the Fourth Amendment. The Court held that the Fourth Amendment applies to pre-trial detention and that the justification for detention must be made to a neutral magistrate, not to the arrestee.
Additionally, the Fourth Amendment covers investigatory stops that fall short of arrests, such as Terry stops or traffic stops. These stops are considered temporary questioning conducted in a manner necessary to fulfill their purpose. An officer's reasonable suspicion is sufficient to justify brief stops and detentions. To determine if an officer has met the standard to justify the seizure, the court considers the totality of the circumstances and examines whether the officer had a reasonable belief that wrongdoing occurred.
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Frequently asked questions
The Fourth Amendment of the U.S. Constitution prohibits unreasonable searches and seizures.
The Fourth Amendment states that:
> [t]he 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.
A search or seizure is generally considered unreasonable without a warrant, subject to a few exceptions. To obtain a warrant, a law enforcement officer must demonstrate probable cause that a search or seizure is justified. A court authority will then consider the totality of the circumstances to determine whether to issue the warrant.
If there is a violation of the Fourth Amendment, a Bivens action can be filed against federal law enforcement officials for damages resulting from an unlawful search and seizure. To claim a violation of Fourth Amendment rights as the basis for suppressing relevant evidence, courts require that the claimant must prove that they were the victim of an invasion of privacy.
