Card 31: The Fourth Amendment

OUR BILL OF RIGHTS
The Fourth Amendment

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, 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.”

There are exceptions to Fourth Amendment protection from searches and seizures:

★      An arrest warrant is not required if there is probable cause and an urgent need to make the arrest, for example, when an officer or another person is in danger.

★      A warrant is not needed if you open the door and give permission for officials to enter your home or business.

★      Items that are in plain sight can be seized and used as evidence against you.

★      A warrant is not required when officials believe there is imminent danger, for health emergencies, if you might flee, or if evidence could be destroyed.

★      When the search is conducted as part of a lawful arrest. 

What this means:

★      You have an undeniable right to privacy for yourself and in your home.

★      With a few exceptions, no government official can enter your home, seize your property, or arrest (detain) you without a warrant signed by a judge.

★      To obtain a warrant, officials must swear an oath before a judge and demonstrate probable cause to justify the search or seizure.

★      The warrant must specify the person, property, or location to be searched and the items to be seized.

★      All searches and seizures must be reasonable and carried out without unnecessary force.

★      Currently, the Fourth Amendment prohibits the seizure of cell phones and other electronic devices and the wiretapping of communications without a warrant.

The Fourth Amendment offers fundamental protection against government overreach. Yet it is violated daily.

Know Your Rights!