The Fourth Amendment protects Americans from unreasonable searches and seizures, including illegal arrest. It applies to both federal and state law enforcement agencies and requires probable cause or a warrant for a search. There are exclusions, such as visible open containers of alcohol, and it only applies to government entities. Violations can result in cases being thrown out of court.
The Fourth Amendment to the United States Constitution reads:
The right of persons to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be infringed, and no Warrants issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place from seek, and people or things to take.
This amendment was specifically written to address the common practice in colonial America of issuing generic search warrants that had a broad scope, or of allowing searches without a warrant or cause. It is designed to protect Americans from invasions of privacy in the form of searches and seizures of homes, cars and other assets. It also covers
illegal arrest
.
The US Supreme Court has ruled that in addition to including the federal government, the Fourth Amendment also applies to the states. That means it covers agencies like the State Police, as well as the Federal Bureau of Investigation and other federal law enforcement agencies. Because a violation of the Fourth Amendment can cause a case to be thrown out of court, law enforcement personnel are very careful about how and when they search people and property.
Under the terms of this amendment, law enforcement personnel can initiate a search if they have probable cause; for example, a police officer may ask a driver to take a blood alcohol test if he drives erratically. This is deemed reasonable due to probable cause and because drivers must sign a statement indicating they are willing to undergo such testing in order to be licensed in many states. Conversely, a police officer cannot pull over a random driver and search his car for no reason, because that is an unreasonable search.
A search can also be initiated if a warrant is issued by a judge or other official authorized to do so. In a warrant request, a law enforcement agency must detail what it wants to look for and why, and the judge must determine whether or not the situation warrants a warrant. Even with a warrant, a search can still violate the Fourth Amendment, so judges tend to be wary.
There are exclusions in the fourth amendment. It does not cover so-called “on sight” seizures and searches; in other words, if there is an open container of alcohol visible on a passenger seat, a police officer can confiscate it and use it as a probable reason to search the vehicle. It is also assumed that the exclusion from free-to-air view also includes garbage cans. The Fourth Amendment also applies only to government entities; private companies and individuals are on their own, although they could be prosecuted for trespassing and other violations of the law.
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