Jonah Patel
The Fourth Amendment to the United States Constitution, also known as Amendment Four, was added to protect the American people from unreasonable searches and seizures and to safeguard their right to privacy. The amendment was passed by Congress on September 25, 1789, and ratified on December 15, 1791, as part of the Bill of Rights. It was created in response to increasing concerns about privacy invasions in the colonies and England, where general warrants and writs of assistance authorized officials to conduct searches without warrants or based on vague suspicions. The Fourth Amendment established that every search or seizure must be authorized by a judge and supported by probable cause, ensuring that individuals' homes, belongings, and persons are secure from arbitrary government intrusions. This amendment has been central to numerous court cases and continues to shape discussions around privacy and surveillance in modern times.
| Characteristics | Values |
|---|---|
| Date proposed | 25 September 1789 |
| Date ratified | 15 December 1791 |
| Part of | The Bill of Rights |
| Number of Amendment | 4th of 12 proposed |
| Number of Amendment in Bill of Rights | 4th of 10 |
| Purpose | To protect the American people from unreasonable searches and seizures |
| Basis | "Each man's home is his castle" |
| Basis | Virginia Declaration of Rights (1776) |
| Basis | Article XIV of the Massachusetts Declaration of Rights |
| Basis | Opposition to ratification ("Anti-Federalism") |
| Basis | English Bill of Rights (1689) |
| Requirements | Searches must be "reasonable" |
| Requirements | Searches must be authorized by a judge beforehand |
| Requirements | Searches must be on the grounds of "probable cause" |
| Requirements | Warrants must be supported by Oath or affirmation |
| Requirements | Warrants must particularly describe the place to be searched and the persons or things to be seized |
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What You'll Learn
The right to privacy
The Fourth Amendment to the United States Constitution, also known as "The Right to Privacy", was ratified on December 15, 1791, as part of the Bill of Rights. The amendment was created in response to increasing infringements on privacy in the colonies and in England, where general warrants and writs of assistance allowed officials to conduct searches without a warrant or probable cause.
The Fourth Amendment protects the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures. It 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 particularly described. This amendment set a precedent for the requirement of a search warrant and the notion that "each man's home is his castle".
The Fourth Amendment has been invoked in modern times with the advent of new technologies and the War on Terror, leading to debates about the balance between national security and individual privacy. Supporters of increased surveillance argue that these measures are necessary to deter crime and terrorism, while critics argue that they are too invasive and violate the Fourth Amendment.
Case law surrounding the Fourth Amendment deals with defining "searches" and "seizures", establishing probable cause, and addressing violations of Fourth Amendment rights. Notable Supreme Court cases, such as Katz v. United States (1967), extended the amendment's protections beyond physical intrusion of property to include intrusions on the privacy of individuals. The exclusionary rule, established in Weeks v. United States (1914), holds that evidence obtained through a Fourth Amendment violation is generally inadmissible in criminal trials.
The Fourth Amendment continues to be a crucial element of the Constitution, safeguarding the privacy and security of individuals against unreasonable searches and seizures.
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Search and seizure laws
The Fourth Amendment to the United States Constitution, also known as Amendment Four, was passed by Congress on September 25, 1789, and ratified on December 15, 1791. 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, 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 added to the Constitution in response to increasing infringements on privacy in the colonies and in England at the time. In England, “general warrants” were used to authorise royal officials to search the belongings of anyone they suspected of being a political enemy, without requiring any other evidence. Similarly, in the colonies, "writs of assistance" allowed officials to conduct warrantless searches for untaxed items.
The Fourth Amendment enforces the notion that "each man’s home is his castle", and it is the basis for the law regarding search warrants, stop-and-frisk, safety inspections, wiretaps, and other forms of surveillance. It also protects against arbitrary arrests. A warrant is needed for most search and seizure activities, and the amendment outlines what constitutes probable cause to conduct a search or seizure.
The Fourth Amendment has been invoked in modern times in relation to mass surveillance programs, with supporters arguing that they are necessary for deterring crime and terrorism, and critics arguing that they are too invasive and widespread.
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Probable cause
The Fourth Amendment to the United States Constitution, also known as Amendment Four, was passed by Congress on September 25, 1789, and ratified on December 15, 1791. It was added to protect the American people from unreasonable searches and seizures, and to enforce the notion that "each man's home is his castle". The amendment states that people have the right to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures. This protection extends to intrusions on the privacy of individuals as well as physical locations.
The Fourth Amendment requires 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 particularly described. This was in response to the use of general warrants in England and the colonies, which authorised officials to search and seize belongings without evidence of a committed fact or particular suspicion.
The requirement of probable cause means that a search or seizure must be based on reasonable grounds and supported by evidence. This was highlighted in the 20th century by two Supreme Court decisions. In Silverthorne Lumber Co. v. United States (1920), the Court determined that illegally seized evidence was "tainted" and inadmissible in a legal trial. In Nardone v. United States (1949), the Court ruled that evidence obtained through warrantless wiretaps was also inadmissible.
The Fourth Amendment has been invoked in modern times in relation to mass surveillance programs, with supporters arguing that they are necessary to deter crime and terrorism, and critics arguing that they are too invasive and unjustified under the amendment. The amendment has also been central to the development of criminal law and privacy law, including the law regarding search warrants, stop-and-frisk, safety inspections, wiretaps, and other forms of surveillance.
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The exclusionary rule
The Fourth Amendment to the US Constitution, also known as "The Right to Privacy", was passed by Congress on September 25, 1789, and ratified on December 15, 1791. It protects US citizens 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, 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 historical context of the Fourth Amendment was shaped by the use of ""general warrants" in England and the colonies, which authorised officials to search people's belongings without any cause other than the suspicion that they were political enemies. This was seen as a violation of privacy and led to the inclusion of the exclusionary rule in the Fourth Amendment.
The Supreme Court has applied the exclusionary rule in several landmark cases. In Silverthorne Lumber Co. v. United States (1920), the Court ruled that illegally seized and copied evidence was "tainted" and inadmissible in a legal trial. Similarly, in Nardone v. United States (1949), the Court held that evidence obtained through warrantless wiretaps was inadmissible in court proceedings. These cases affirmed the importance of the Fourth Amendment and the exclusionary rule in protecting the privacy and rights of individuals.
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The Third-Party Doctrine
The Fourth Amendment to the United States Constitution, also known as "The Right to Privacy", was ratified on December 15, 1791. It protects US citizens 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, 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 amendment was added in response to increasing infringements on privacy in the colonies and in England. In England, "general warrants" were used to authorise royal officials to search the belongings of anyone suspected of being a political enemy, without requiring any additional evidence. In the colonies, "writs of assistance" allowed officials to conduct warrantless searches for untaxed items. The Fourth Amendment requires that all searches and seizures must be authorised by a judge and must be carried out on the grounds of "probable cause".
The Fourth Amendment has had a significant impact on the development of criminal law and privacy law in the United States. It is central to many legal topics, including search warrants, stop-and-frisk, safety inspections, wiretaps, and other forms of surveillance. The amendment has also been invoked in modern times in response to mass surveillance programs and the collection of citizen data, demonstrating its enduring relevance in the 21st century.
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Frequently asked questions
The Fourth Amendment to the United States Constitution protects the American people from unreasonable searches and seizures.
In the late 18th and early 19th centuries, policing in most countries, including the United States, was largely conducted by citizens during nighttime patrols. As American cities grew, many leaders called for the creation of full-time police officers. The Fourth Amendment was made in response to increasing infringements on privacy in the colonies and in England, where general warrants authorized officials to search belongings without cause.
The 9/11 terrorist attacks and the War on Terror led to a wave of mass surveillance, with supporters arguing that these measures were rooted in the "`probable cause'" of deterring crime and terrorism. Critics argued that these programs were too invasive to be justified by the Fourth Amendment. Carpenter v. United States (2018) ruled that individuals have a reasonable expectation of privacy under the Fourth Amendment regarding cell phone records.
