{"id":30900,"date":"2016-04-04T20:33:52","date_gmt":"2016-04-05T01:33:52","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/constitution\/amendment4.html"},"modified":"2024-08-01T13:48:52","modified_gmt":"2024-08-01T18:48:52","slug":"amendment4","status":"publish","type":"constitution","link":"https:\/\/constitution.findlaw.com\/amendment4.html","title":{"rendered":"The Fourth Amendment Protection Against Unreasonable Search and Seizure"},"content":{"rendered":"\n
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\n \n The Fourth Amendment\n <\/h1>\n \n Unreasonable Search and Seizure\n <\/p>\n <\/div>\n<\/div>\n\n\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n\n

The Fourth Amendment to the United States Constitution prohibits the federal government from conducting “unreasonable searches and seizures.” In general, this means police cannot search a person without a warrant or probable cause. It also applies to arrests and the collection of evidence.<\/p>\n

However, what is “reasonable” is a question the U.S. Supreme Court has grappled with for more than two hundred years. Additionally, technological advancements have expanded the government’s ability to search and surveil people, raising the question of what constitutes a “search” under the Fourth Amendment.<\/p>\n

This section covers essential concepts related to the Fourth Amendment, including the constitutional right to privacy, search warrants, and the protection of personal property. It also discusses several landmark Supreme Court decisions on these topics.<\/p>\n

What the Fourth Amendment Says<\/b><\/h2>\n

The Fourth Amendment is often viewed as two clauses. The first reads:<\/p>\n

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated…”<\/i><\/p>\n

The second clause states:<\/p>\n

“…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.”<\/i><\/p>\n

What the Fourth Amendment Means<\/b><\/h2>\n

The Fourth Amendment reflects the Framers’ intent to avoid the perceived unjust searches and seizures they experienced under English rule. It prevents the federal and state governments from conducting “unreasonable searches and seizures.”<\/p>\n

As the National Constitution Center notes<\/a>, “The idea is that to avoid the evils of general warrants, each search or seizure should be cleared in advance by a judge, and that to get a warrant the government must show ‘probable cause’\u2014a certain level of suspicion of criminal activity\u2014to justify the search or seizure.” In doing so, the Fourth Amendment protects the “full enjoyment of the rights<\/a> of personal security, personal liberty, and private property.”<\/p>\n

The Fourth Amendment requires the government to obtain a warrant based on probable cause to conduct a legal search and seizure. However, the Supreme Court has carved out numerous exceptions to the warrant requirement, as explained below.<\/p>\n

The Supreme Court has issued many landmark decisions regarding the Fourth Amendment and its effect on criminal procedure. Its decisions cover many different topics concerning the Fourth Amendment, including the following:<\/p>\n