The Fourth Amendment gives individuals the right to be secure in their persons, papers, houses, and effects. It protects you against unreasonable searches and seizures conducted by law enforcement. It states that this right shall not be violated unless there is probable cause to suspect you have committed a crime.
The search-and-seizure provisions under the Fourth Amendment are generally about privacy. The flip side is that the Fourth Amendment permits searches and seizures that are considered reasonable. In practice, this means that the law enforcement may override your privacy concerns and conduct a search of your person or property: under the following circumstances:
- The police have probable cause to believe they can obtain evidence that you committed a crime, and a judge issued a search warrant.
- The particular situation justifies the search without the need to issue a warrant first.
Besides these exceptions, the Fourth Amendment prohibits the government from carrying out “unreasonable searches and seizures.” This means police cannot search you or your property without a warrant or probable cause. The same also applies to arrests and the collection of evidence.
What Constitutes Illegal Search and Seizure?
Overall, a search or seizure is illegal under the provisions of the Fourth Amendment if it’s done without consent, a court warrant, or probable cause to believe that a crime has been committed. A law enforcement officer must file a valid search warrant in good faith, based on reliable information showing probable cause to search. Moreover, a judge must sign the warrant and state the specific place they intend to search and the items they’re looking for.
What to Do If Your Fourth Amendment Rights Are Violated
Whenever law enforcement officers violate your constitutional rights under the Fourth Amendment and the search or seizure is deemed unlawful, the evidence derived from that search or seizure will most certainly be kept out of any criminal case against you.
And if an arrest is found to violate your Fourth Amendment rights because a valid warrant or probable cause did not back it, any evidence obtained through the unlawful arrest will be kept out of the case. Moreover, if a police search of your home is conducted in violation of your Fourth Amendment rights, and no search warrant was issued, or no special circumstances justified the search, the evidence obtained from that search cannot be used against you in a criminal case.
Law enforcement may only search your property without a warrant in a limited number of scenarios. These include emergencies that justify immediate entry into a home, situations where evidence is in plain view, and attempts to apprehend a fleeing suspect who enters private property.
Get Professional Help from a Defense Attorney
The rules regarding search and seizure can be complicated, but you don’t have to stay confused regarding your rights. With the help of an experienced legal professional, you can assess whether your not a search of your person or property was Constitutional. If not, the evidence will likely not be admissible in court. Always contact an experienced criminal defense attorney to review your case if you are charged with a crime or if you suspect your Fourth Amendment rights have been violated.