Eleanor Finch
The Fourth Amendment to the United States Constitution is the part that pertains to unreasonable searches. It is part of the Bill of Rights and was ratified in 1791. The Fourth Amendment protects people from unreasonable searches and seizures by the government, and sets requirements for issuing warrants. 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. The Fourth Amendment reflects the Framers' intent to avoid the unjust searches and seizures they experienced under English rule.
| Characteristics | Values |
|---|---|
| Part of the Constitution | Fourth Amendment |
| Date of Ratification | 1791 |
| Scope | Applies to state and local governments |
| Protection | People, not places |
| Searches | Protects against unreasonable searches |
| Seizures | Protects against unreasonable seizures |
| Warrants | Required for searches and seizures |
| Probable Cause | Required for warrants |
| Oath or Affirmation | Required for warrants |
| Particularity | Warrants must describe the place to be searched and the persons or things to be seized |
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What You'll Learn
The Fourth Amendment
> "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."
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Search warrants
The Fourth Amendment of the United States 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 reflects the Framers' intent to prevent the unjust searches and seizures they experienced under English rule. The English Crown often abused its power to issue general warrants and writs of assistance, allowing agents to search people and places without cause.
The Fourth Amendment sets requirements for issuing search warrants. Warrants must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must specifically describe the place to be searched and the persons or things to be seized.
The amendment does not guarantee protection from all searches and seizures, but only those deemed unreasonable under the law. The determination of reasonableness involves balancing the individual's Fourth Amendment rights against legitimate government interests, such as public safety. The location of the search or seizure also plays a role in assessing its reasonableness. Searches and seizures inside a home without a warrant are generally considered unreasonable.
It's important to note that certain exceptions exist, such as school officials searching students under their authority, where a search need only be reasonable under the circumstances. Additionally, officers at international borders may conduct routine stops and searches, and states may use highway sobriety checkpoints to combat drunk driving.
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Protection of personal property
The Fourth Amendment to the United States Constitution is part of the Bill of Rights, which was ratified by the states in 1791. The Fourth Amendment protects people from unreasonable searches and seizures by the government. It also sets requirements for issuing warrants, stating that warrants must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must specifically describe the place to be searched and the persons or things to be seized.
The Fourth Amendment is often viewed as consisting of two clauses. The first clause reads:
> "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 clause reflects the Framers' intent to prevent the unjust searches and seizures that they experienced under English rule. The English Crown had previously abused its powers to issue general warrants and writs of assistance, allowing agents to search people and places without cause. The Fourth Amendment was designed to protect against such abuses and to secure the right to privacy for all individuals.
The second clause of the Fourth Amendment states:
> "...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 clause sets out the requirements for issuing warrants, ensuring that searches and seizures are carried out lawfully and with proper justification. The Fourth Amendment, therefore, serves as a crucial safeguard for personal property and privacy rights.
It's important to note that the Fourth Amendment does not provide an absolute guarantee against all searches and seizures. Instead, it focuses on preventing unreasonable searches and seizures, as determined by balancing the intrusion on an individual's rights with legitimate government interests, such as public safety. The location of the search or seizure also plays a role in determining its reasonableness. For example, searches and seizures inside a home without a warrant are generally considered unreasonable.
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Probable cause
The Fourth Amendment of the US Constitution protects people from unreasonable searches and seizures by the government. However, it is not a guarantee against all searches and seizures, but only those deemed unreasonable under the law. The Fourth Amendment states that people have the right to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures.
The concept of "probable cause" is central to the meaning of the Warrant Clause in the Fourth Amendment. While the Fourth Amendment does not define probable cause, it is generally understood as having "reasonable grounds" or a "reasonable suspicion" that a law is being violated or that criminal activity is occurring. This determination is made by considering the totality of the circumstances and what a "reasonably discreet and prudent person" would believe based on the facts presented.
For example, in the case of Arizona v. Gant (2009), the court held that an officer may lawfully search any area of a vehicle if there is probable cause to believe that it contains evidence of criminal activity. Similarly, in United States v. Ventresca, the court found that an officer's detailed affidavit, based on personal observations and those of fellow investigators, was sufficient to establish probable cause for an illegal distillery operation.
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Surveillance and privacy
The Fourth Amendment to the United States Constitution is a part of the Bill of Rights that protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, does not guarantee protection from all searches and seizures, only those deemed unreasonable under the law. The extent of an individual's protection under the Fourth Amendment depends on the location of the search or seizure and the circumstances surrounding it. For example, searches and seizures inside a home without a warrant are presumptively unreasonable, whereas school officials can search a student under their authority without a warrant as long as the search is reasonable under the circumstances.
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 specifically describe the place to be searched and the persons or things to be seized. The amendment reflects the Framers' intent to prevent the unjust searches and seizures they experienced under English rule. English legal scholars like Sir Edward Coke emphasised the idea that "every man's house is his castle", but English royalty abused their powers to issue general warrants and writs of assistance, allowing them to search people and places without cause.
The Fourth Amendment has been interpreted by the Supreme Court to include "conversation" and to protect against arbitrary intrusions by the government that violate an individual's reasonable expectation of privacy. This was established in Katz v. United States (1967), which marked a significant shift in Fourth Amendment jurisprudence by focusing on protecting privacy rather than property rights or physical intrusion. The Court's decision in Katz led to the requirement that law enforcement must obtain a warrant before conducting surveillance that violates a reasonable expectation of privacy.
The Fourth Amendment's protection against unreasonable searches and seizures applies to state courts through the Fourteenth Amendment, as ruled in Mapp v. Ohio (1961). This ruling ensures that the amendment's protections extend beyond federal officials to state and local governments, providing a comprehensive safeguard for individuals' privacy and security against arbitrary intrusions.
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Frequently asked questions
The Fourth Amendment.
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 protects people from unreasonable searches and seizures by the government. However, it is not a guarantee against all searches and seizures, only those 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. For example, searches and seizures inside a home without a warrant are presumptively unreasonable.
For a search to be considered reasonable, it must balance two important interests. On one side of the scale is the intrusion on an individual's Fourth Amendment rights, and on the other side are legitimate government interests, such as public safety.
