What is the Fourth Amendment
- Steven Topazio wrote this June 10, 2024 at 3:51 pm
The Fourth Amendment to the United States Constitution is a critical part of the Bill of Rights, ratified on December 15, 1791. It protects citizens against unreasonable searches and seizures and sets out requirements for issuing warrants. The text of the Fourth Amendment 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, 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.”
– Fourth Amendment
Key points of the Fourth Amendment include:
- Protection Against Unreasonable Searches and Seizures: This clause ensures that the government cannot conduct searches or seizures without a valid reason. “Unreasonable” generally means without a warrant or a justified exception to the warrant requirement.
- Warrant Requirements: Warrants, which are legal documents authorizing a search or seizure, must be issued by a neutral judge or magistrate. They must be based on probable cause, supported by sworn statements, and must specifically describe the place to be searched and the persons or items to be seized.
The Fourth Amendment is foundational in maintaining individuals’ privacy and limiting the power of law enforcement. It has been the basis for many significant Supreme Court decisions that interpret what constitutes a reasonable search or seizure, how probable cause is determined, and the scope and application of various exceptions to the warrant requirement, such as exigent circumstances, consent, and plain view.