THE 4^TH AMENDMENT

The U.S. Constitution protects personal privacy, and every citizen's right to be free from unreasonable government intrusion into their persons, homes, businesses, and property -- whether through police stops of citizens on the street, arrests, or searches of homes and businesses.

Lawmakers and the courts have put in place legal safeguards to ensure that law enforcement officers interfere with individuals' Fourth Amendment rights only under limited circumstances and through specific methods.

WHAT DOES THE FOURTH AMENDMENT PROTECT?

In the criminal law empire, Fourth Amendment "search and seizure" protections extend to:

·         A law enforcement officer's physical apprehension or "seizure" of a person, by way of a stop or arrest; and

·         Police searches of places and items in which an individual has a legitimate expectation of privacy -- his or her person, clothing, purse, luggage, vehicle, house, apartment, hotel room, and place of business, to name a few examples.

The Fourth Amendment provides safeguards to individuals during searches and detentions, and prevents unlawfully seized items from being used as evidence in criminal cases. The degree of protection available in a particular case depends on the nature of the detention or arrest, the characteristics of the place searched, and the circumstances under which the search takes place.

THE 4^TH AMENDMENT

The U.S. Constitution protects personal privacy, and every citizen's right to be free from unreasonable government intrusion into their persons, homes, businesses, and property -- whether through police stops of citizens on the street, arrests, or searches of homes and businesses.

Lawmakers and the courts have put in place legal safeguards to ensure that law enforcement officers interfere with individuals' Fourth Amendment rights only under limited circumstances and through specific methods.

WHAT DOES THE FOURTH AMENDMENT PROTECT?

In the criminal law empire, Fourth Amendment "search and seizure" protections extend to:

·         A law enforcement officer's physical apprehension or "seizure" of a person, by way of a stop or arrest; and

·         Police searches of places and items in which an individual has a legitimate expectation of privacy -- his or her person, clothing, purse, luggage, vehicle, house, apartment, hotel room, and place of business, to name a few examples.

The Fourth Amendment provides safeguards to individuals during searches and detentions, and prevents unlawfully seized items from being used as evidence in criminal cases. The degree of protection available in a particular case depends on the nature of the detention or arrest, the characteristics of the place searched, and the circumstances under which the search takes place.

WHEN DOES THE FOURTH AMENDMENT APPLY

The legal standards derived from the Fourth Amendment provide constitutional protection to individuals in the following situations, among others:

·         An individual is stopped for police questioning while walking down the street.

·         An individual is pulled over for a minor traffic violation, and the police officer searches the vehicle's trunk.

·         An individual is arrested.

·         Police officers enter an individual's house to place him or her under arrest without warrant

·         Police officers enter an individual's apartment to search for evidence of crime without search warrant

·         Police officers enter a corporation's place of business to search for evidence of crime.

·         Police officers confiscate an individual's vehicle or personal property and place it under police control.

in most cases a police officer may not search or seize an individual or his or her property unless the officer has:

·         A valid search warrant;

·         A valid arrest warrant; or

·          Probable cause that an individual has committed a crime.

WHAT HAPPENS WHEN THE 4^TH AMENDMENT IS VIOLATED

When law enforcement officers violate an individual's constitutional rights under the Fourth Amendment, and a search or seizure is thought to be unlawful, any evidence resulting from that search or seizure will be kept out of any criminal case against the person whose rights were violated. For example:

·         An arrest is found to violate the Fourth Amendment because it was not supported by probable cause or a valid warrant. Any evidence obtained through that unlawful arrest, such as a confession, will be kept out of the case.

·         A police search of a home is conducted in violation of the homeowner's Fourth Amendment rights, because no search warrant was issued and no special circumstances justified the search. Any evidence obtained as a result of that search cannot be used against the homeowner in a criminal case.

WHAT DOES THE FOURTH AMENDMENT PROTECT?

In the criminal law empire, Fourth Amendment "search and seizure" protections extend to:

·         A law enforcement officer's physical apprehension or "seizure" of a person, by way of a stop or arrest; and

·         Police searches of places and items in which an individual has a legitimate expectation of privacy -- his or her person, clothing, purse, luggage, vehicle, house, apartment, hotel room, and place of business, to name a few examples.

The Fourth Amendment provides safeguards to individuals during searches and detentions, and prevents unlawfully seized items from being used as evidence in criminal cases. The degree of protection available in a particular case depends on the nature of the detention or arrest, the characteristics of the place searched, and the circumstances under which the search takes place.

WHAT HAPPENS WHEN THE 4^TH AMENDMENT IS VIOLATED

When law enforcement officers violate an individual's constitutional rights under the Fourth Amendment, and a search or seizure is thought to be unlawful, any evidence resulting from that search or seizure will be kept out of any criminal case against the person whose rights were violated. For example:

·         An arrest is found to violate the Fourth Amendment because it was not supported by probable cause or a valid warrant. Any evidence obtained through that unlawful arrest, such as a confession, will be kept out of the case.

·         A police search of a home is conducted in violation of the homeowner's Fourth Amendment rights, because no search warrant was issued and no special circumstances justified the search. Any evidence obtained as a result of that search cannot be used against the homeowner in a criminal case.

PROBABLE CAUSE;

Probable cause" generally refers to the requirement in criminal law that police have adequate reason to arrest someone, conduct a search, or seize property relating to an alleged crime.

The probable cause requirement comes from the Fourth Amendment of the U.S. Constitution, which 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 searched."

As seen in those words, in order for a court to issue a warrant -- for someone's arrest, or to search or seize property -- there must be "probable cause."

Police must also have probable cause to arrest without a warrant, and in many cases to search or seize property without a warrant.

Prosecutors must also have probable cause to charge a defendant with a crime.

Warrants and Probable Cause

Typically, to obtain a warrant, an officer will sign an affidavit stating the facts as to why probable cause exists to arrest someone, conduct a search or seize property. Judges issue warrants if they agree that probable cause exists.

Probable Cause for Arrest

Probable cause for arrest exists when facts and circumstances within the police officer's knowledge would lead a reasonable person to believe that the suspect has committed, is committing, or is about to commit a crime. Probable cause must come from specific facts and circumstances, rather than simply from the officer's hunch or suspicion.

"Detentions" short of arrest do not require probable cause. Such temporary detentions require only "reasonable suspicion." This includes car stops, pedestrian stops and detention of occupants while officers execute a search warrant. "Reasonable suspicion" means specific facts which would lead a reasonable person to believe criminal activity was at hand and further investigation was required.

Detentions can develop into arrests. These police actions may trigger the constitutional requirement of probable cause.

Probable Cause to Search

Probable cause to search exists when facts and circumstances known to the officer provide the basis for a reasonable person to believe that a crime was committed at the place to be searched, or that evidence of a crime exists at the location.

Search warrants must specify the place to be searched, as well as items to be seized.

There are many instances where a search warrant is not required. Common situations in which police are allowed to search without a warrant include:

·         when they have consent from the person in charge of the premises

·         when conducting certain searches connected to a lawful arrest; and

in emergency situations which threaten public safety or the loss of evidence

Police also do not need a warrant to search or seize contraband "in plain site" when the officer has a right to be present.