What is the Fourth Amendment Simplified?
The Fourth Amendment is important because it protects American citizens, including police officers, from unreasonable government search and seizure. It sets the legal standard that police officers must have probable cause and acquire a warrant before searching.
What Does the Fourth Amendment Say?
The actual text of the Fourth Amendment of the U.S. Constitution 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. No Warrants shall be issued, 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 Fourth Amendment prohibits the government from searching someone's person, home, vehicle, or other property without having a valid legal reason to do so. What the Fourth Amendment does NOT mean, however, is that the government is never allowed to conduct a search of you or your property; it simply means that, in most cases, they must have a warrant.
Here are some examples of legal searches:
- Law enforcement has obtained a warrant to search a person's home
- Law enforcement has arrested a suspect and proceeds to search their person and immediate surroundings for weapons
- A police officer spots drugs on the passenger seat during a traffic stop and confiscates them
- An individual has given the police consent to search their property even without a warrant
Examples of illegal searches and seizures may include:
- An officer obtains a warrant to search one piece of property but proceeds to search something else outside the parameters of that warrant
- Law enforcement searches an individual or their property without probable cause (i.e., a legitimate reason to search)
- Law enforcement searches without consent solely based on someone "looking suspicious"
Illegal Search and Seizure
It is important to be aware of your protections under the Fourth Amendment, so you know when police are and are not within their right to search you, your vehicle, or your property. If the police do not have a search warrant, they can conduct a legal search in a few instances.
These include:
- If the suspect consents to a search (verbally or in writing)
- If the public is in immediate danger
- If there is evidence that needs to be collected before it is destroyed
- If there is evidence in plain view (i.e., evidence that can be seen through the car window as the officer approaches)
Criminal Charges After an Illegal Search
If you were arrested after what you believe was an illegal search, it’s crucial to begin preparing your defense. Take notes of everything about the interaction and arrest. These details can help you prove that there were no legal grounds for the search.
A criminal defense attorney can help argue that the evidence against you was collected illegally and file a motion to suppress it. Any evidence collected during an illegal search should not be admissible in court. Once the evidence is successfully suppressed, the case will likely be dismissed.
Austin, Texas Criminal Defense
Our lawyers at Smith & Vinson Law Firm are passionate about protecting our client's Constitutional rights. If you have been accused of a crime and feel your rights may have been violated, we'd happily offer you a confidential case evaluation.