| The Fourth Amendment to the United States | | | | An unreasonable search and seizure can also |
| Constitution is perhaps one of the most | | | | occur when law enforcement seeks to search a |
| frequently litigated constitutional | | | | person's home. In order for a search to be |
| amendments in the courts. In its entirety, | | | | valid, the police must first obtain a |
| the Fourth Amendment states, "The right of | | | | warrant, which is supported by probable |
| the people to be secure in their persons, | | | | cause, and describes the place to be searched |
| houses, papers, and effects, against | | | | with particularity. If these requirements are |
| unreasonable searches and seizures, shall not | | | | not met, the defendant can petition the court |
| be violated, and no Warrants shall issue, but | | | | to exclude the evidence at trial. The court |
| upon probable cause, supported by Oath or | | | | will then determine if the police conformed |
| affirmation, and particularly describing the | | | | to the requirements of the Fourth Amendment |
| place to be searched, and the persons or | | | | when obtaining the warrant and can order that |
| things to be seized." | | | | the evidence not be allowed in trial under |
| | | | the exclusionary rule. |
| The main purpose of the Fourth Amendment is | | | | |
| to protect "the right of the people to be | | | | If the police search someone's property |
| secure in their persons, houses, papers, and | | | | without a warrant, the search is considered |
| effects, against unreasonable searches and | | | | unreasonable unless exigent circumstances |
| seizures." The right to be free from | | | | existed at the time of the search. The burden |
| unreasonable searches and seizures is a right | | | | is then placed on the prosecution to prove |
| guaranteed to every American citizen. The | | | | that the police believed that there was an |
| point of this right is to limit the | | | | imminent danger that required an immediate |
| government from unnecessary intrusions into | | | | search. Examples of such danger include, |
| your rights as a free citizen. | | | | gunshots, a person screaming, or fire |
| | | | emanating from inside a building. Courts have |
| An unreasonable search and seizure issue most | | | | also held that destruction of physical |
| often arises when law enforcement searches a | | | | evidence can provide the police justification |
| car after a traffic stop. The question then | | | | to search property in order to prevent its |
| becomes whether the officers had reasonable | | | | destruction. If any of these reasons exist |
| suspicion to stop the car in the first place | | | | then the Fourth Amendment's warrant |
| and/or probable cause to search the vehicle. | | | | requirement is not violated. |
| If the police have seized property obtained | | | | |
| through an illegal vehicle search, the | | | | If you believe that you are the victim of an |
| seizure of the property is considered | | | | unconstitutional search then it is imperative |
| unreasonable. | | | | you contact an attorney. |
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