The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law.
Whether a particular type of search is considered reasonablein the eyes of the law,is determined by balancing two important interests. On one side of the scale is the intrusion on an individual's Fourth Amendment rights. On the other side of the scale are legitimate government interests, such as public safety.
The extent to which an individual is protected by the Fourth Amendment depends, in part, on the location of the search or seizure.Minnesota v. Carter, 525 U.S. 83 (1998).
Home
Searches and seizures inside a home without a warrant are presumptively unreasonable.
Payton v. New York, 445 U.S. 573 (1980).
However, there are some exceptions. A warrantless search may be lawful:
If an officer is given consent to search;Davis v. United States, 328 U.S. 582 (1946)
If the search is incident to a lawful arrest;United States v. Robinson, 414 U.S. 218 (1973)
If there is probable cause to search and exigent circ*mstances;Payton v. New York, 445 U.S. 573 (1980)
If the items are in plain view;Maryland v. Macon, 472 U.S. 463 (1985).
A Person
When an officer observes unusual conduct which leads him reasonably to conclude that criminal activity may be afoot, the officer may briefly stop the suspicious person and make reasonable inquiries aimed at confirming or dispelling the officer's suspicions.
Terry v. Ohio, 392 U.S. 1 (1968)
Minnesota v. Dickerson, 508 U.S. 366 (1993)
Schools
School officials need not obtain a warrant before searching a student who is under their authority; rather, a search of a student need only be reasonable under all the circ*mstances.
New Jersey v. TLO, 469 U.S. 325 (1985)
Cars
Where there is probable cause to believe that a vehicle contains evidence of a criminal activity, an officer may lawfully search any area of the vehicle in which the evidence might be found.
Arizona v. Gant, 129 S. Ct. 1710 (2009),
An officer may conduct a traffic stop if he has reasonable suspicion that a traffic violation has occurred or that criminal activity is afoot.
Berekmer v. McCarty, 468 U.S. 420 (1984),
United States v. Arvizu, 534 U.S. 266 (2002).
An officer may conduct a pat-down of the driver and passengers during a lawful traffic stop; the police need not believe that any occupant of the vehicle is involved in a criminal activity.
Arizona v. Johnson, 555 U.S. 323 (2009).
The use of a narcotics detection dog to walk around the exterior of a car subject to a valid traffic stop does not require reasonable, explainable suspicion.
Illinois v. Cabales, 543 U.S. 405 (2005).
Special law enforcement concerns will sometimes justify highway stops without any individualized suspicion.
Illinois v. Lidster, 540 U.S. 419 (2004).
An officer at an international border may conduct routine stops and searches.
United States v. Montoya de Hernandez, 473 U.S. 531 (1985).
A state may use highway sobriety checkpoints for the purpose of combating drunk driving.
Michigan Dept. of State Police v. Sitz, 496 U.S. 444 (1990).
A state may set up highway checkpoints where the stops are brief and seek voluntary cooperation in the investigation of a recent crime that has occurred on that highway.
Illinois v. Lidster, 540 U.S. 419 (2004).
However, a state may not use a highway checkpoint program whose primary purpose is the discovery and interdiction of illegal narcotics.
City of Indianapolis v. Edmond, 531 U.S. 32 (2000).
DISCLAIMER: These resources are created by the Administrative Office of the U.S. Courts for educational purposes only. They may not reflect the current state of the law, and are not intended to provide legal advice, guidance on litigation, or commentary on any pending case or legislation.
FAQs
The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law.
What is the 4th Amendment in exact words? ›
“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 ...
What is the 4th Amendment in simple terms quizlet? ›
The 4th Amendment. Protects the people from unreasonable searches and seizures, and requires that warrants be supported by probable cause. The 5th Amendment. Prohibits coercion of confessions, unreliable identifications, and provides a privilege against compelled self-incrimination. The 6th Amendment.
What is a real life example of the 4th Amendment? ›
A border patrol agent's physical manipulation of a bus passenger's carry-on bag violated the Fourth Amendment proscription against unreasonable searches. An anonymous tip that a person is carrying a gun is not, without more, sufficient to justify a police officer's stop and frisk of that person.
What is the 4th Amendment kids definition? ›
The Fourth Amendment was part of the Bill of Rights. It states that the police cannot search a person's private property without a likely cause that a crime has been committed. Today the Fourth Amendment continues to play an important role in protecting the freedom of the American people.
What is being violated by the 4th Amendment? ›
What constitutes an illegal search and seizure? Generally, a search or seizure is illegal under the Fourth Amendment if it happens without consent, a warrant, or probable cause to believe a crime has been committed.
What can't the police do according to the 4th Amendment? ›
According to the Fourth Amendment, the people have a right “to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures.” This right limits the power of the police to seize and search people, their property, and their homes.
What is the lesson of the Fourth Amendment? ›
The Fourth Amendment protects us from unreasonable search and seizures of our person, our house, our papers, and our effects. In many cases, this amendment governs our interactions with the police. Before the government—including police officers—can search your home or seize your property, it needs a good reason.
What is the 4 term Amendment? ›
The amendment reads: “No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once.”
How do you sue for a violation of the 4th Amendment? ›
To claim a violation of Fourth Amendment rights as the basis for suppressing relevant evidence, courts have long required that the claimant must prove that they were the victim of an invasion of privacy to have a valid standing.
Article IV Relationships Between the States
Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.
What was the 4th Amendment a response to? ›
Jump to essay-1See Riley v. California, 573 U.S. 373, 403 (2014) (explaining that the Fourth Amendment was the founding generation's response to the reviled 'general warrants' and 'writs of assistance' of the colonial era, which allowed British officers to rummage through homes in an unrestrained search for evidence of ...
What does Amendment 4 mean in simple terms? ›
The Fourth Amendment originally enforced the notion that “each man's home is his castle”, secure from unreasonable searches and seizures of property by the government.
What are the exact words of the 4th 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 ...
Why is the 4th Amendment still important today? ›
Why is the Fourth Amendment important? The amendment is important because it protects a person's rights to have personal privacy and their right to be free from unreasonable government invasion of their property.
What can't the police do according to the 4th amendment? ›
According to the Fourth Amendment, the people have a right “to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures.” This right limits the power of the police to seize and search people, their property, and their homes.
Who does the Fourth Amendment apply to? ›
The Fourth Amendment protects people from unreasonable searches and seizures. It only applies to government action. This includes the actions of law enforcement officials like police officers and FBI agents. But it technically applies to all government employees, such as postal workers and public school administrators.
What does the 5th amendment say in simple terms? ›
The Fifth Amendment breaks down into five rights or protections: the right to a jury trial when you're charged with a crime, protection against double jeopardy, protection against self-incrimination, the right to a fair trial, and protection against the taking of property by the government without compensation.
How does the Patriot Act violate the 4th amendment? ›
Under the Patriot Act, the FBI can secretly conduct a physical search or wiretap on American citizens to obtain evidence of crime without proving probable cause, as the Fourth Amendment explicitly requires.
