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