fourth amendment united_states constitution fourth amendment amendment united_states_constitution prohibits searches requires warrant sanctioned supported probable cause bill rights adopted response abuse writ assistance type general search warrant issued british government major source tension fourth amendment introduced congress amendments bill rights response objections new constitution congress submitted amendment states september december necessary quarters states ratified march secretary state announced adoption amendment bill rights initially apply states federal criminal investigations common century nation history little significant case law fourth amendment 20th century amendment held apply states ohio fourth amendment search seizure including arrest limited scope according specific information supplied issuing court usually law enforcement officer sworn fourth amendment case law deals central questions government activities constitute search seizure constitutes probable cause actions violations fourth amendment rights addressed early court decisions limited amendment scope law enforcement officer physical intrusion private property united_states supreme_court held warrant requirement extend privacy individuals physical locations law enforcement officers need warrant search seizure activities court defined series exceptions consent searches motor vehicle searches evidence plain view circumstances border searches situations rule way amendment enforced established weeks united_states rule holds evidence obtained fourth amendment violation generally criminal trials evidence discovered later result illegal search fruit poisonous tree inevitably discovered legal means text amendment proposed congress reads follows right people secure persons houses papers effects searches shall violated shall issue probable cause supported oath particularly describing place searched persons things seized background english law like areas american law fourth amendment finds roots english legal doctrine sir case famously stated house castle fortress defence injury violence case acknowledged king authority subjects dwellings recognized government agents permitted conduct searches certain conditions purpose warrant obtained saw growth intensity litigation state officers general conducted raids search materials relating publications attacking government policies king famous cases involved home forcibly entered king messenger warrant issued 2nd earl halifax authorizing strict search author concerned writing weekly papers entitled monitor seized printed charts pamphlets materials filed suit argued bench 1st ruled search seizure unlawful warrant authorized seizure papers criminal ones warrant lacked probable cause justify search holding law holds property man sacred man set foot neighbour close leave established english precedent executive limited private property common law homes hand enjoy british counterparts legislation explicitly written enable enforcement british revenue gathering policies customs fact type warrant defined justices peace general warrant scholar called colonial epidemic general searches authorities possessed unlimited power search time little oversight colony massachusetts enacted legislation barred use general represented law american history use seizure power creation largely stemmed great public outcry act gave tax collectors unlimited powers colonists concerning use goods subject customs act permitted use general warrant known writ assistance allowing tax collectors search homes colonists seize prohibited goods crisis erupted assistance december news king death october arrived boston automatically expired months death king issued new king remain valid mid january group merchants represented petitioned court hearings issue hour hearing february denounced british colonial policies including general assistance court ruled future president present courtroom spoke viewed events spark originated american revolution attacking elected massachusetts colonial legislature helped pass legislation requiring special assistance granted judge justice peace information oath officer customs barring governor overturned legislation finding contrary english law parliamentary sovereignty seeing danger general presented virginia declaration rights explicitly forbade use general prohibition precedent fourth amendment general officer messenger commanded search suspected places evidence fact committed seize person persons named offense particularly described supported evidence oppressive ought granted article massachusetts declaration rights written enacted massachusetts constitution added requirement searches reasonable served basis language fourth amendment subject right secure searches person houses papers possessions contrary right cause foundation previously supported oath order warrant civil officer search suspected places arrest suspected persons seize property accompanied special designation persons objects search arrest seizure warrant ought issued cases prescribed laws state contained provision general proposal ratification years comparatively weak government constitutional convention philadelphia proposed new constitution september featuring stronger chief executive changes constitutional convention delegate virginia declaration rights proposed bill rights listing civil liberties included delegates including future disagreed arguing existing state guarantees civil liberties sufficient attempt individual rights unnamed rights unprotected brief debate mason proposal defeated unanimous vote state constitution ratified thirteen states required approve state conventions opposition ratification anti partly based constitution lack adequate guarantees civil liberties supporters constitution states popular sentiment ratification including virginia massachusetts new_york successfully proposed state conventions constitution addition bill rights state conventions proposed form restriction authority new federal government conduct searches 1st united states congress following state request proposed constitutional amendments based state bills rights english sources bill rights including amendment requiring probable cause government searches congress reduced madison proposed amendments submitted states ratification september time bill rights submitted states ratification opinions shifted parties previously opposed bill rights supported bill means anti effective criticism anti contrast opposed realizing bill adoption greatly chances second constitutional convention desired anti argued bill left portions constitution federal judiciary direct taxation intact november new_jersey ratified amendments including fourth december december january respectively maryland north_carolina south_carolina ratified amendments january respectively new_hampshire delaware ratified bill amendments including fourth brought total states required process stalled states connecticut georgia found bill rights unnecessary refused massachusetts ratified amendments failed send official notice secretary state states later bill rights celebrations february june new_york pennsylvania rhode_island ratified amendments including fourth virginia initially postponed debate vermont admitted union total number states needed ratification rose vermont ratified november approving amendments virginia finally followed december secretary state announced adoption successfully ratified amendments march bill rights originally restricted federal government went long initial phase judicial words historian ratification americans promptly forgot amendments constitution federal jurisdiction criminal law narrow late 19th century act passed federal criminal jurisdiction expanded include areas questions fourth amendment came supreme_court responded questions outlining fundamental purpose amendment privacy dignity security persons certain arbitrary invasive acts officers government regard government actor investigating crime performing function ohio ruled fourth amendment applies states way process clause fourteenth amendment fourth amendment case law deals central issues government activities constitute search seizure constitutes probable cause actions violations fourth amendment rights addressed fourth amendment typically requires neutral detached authority police public offended general laws allows searches conducted regard connection crime investigation basic purpose fourth amendment states fourteenth prohibition searches safeguard privacy security individuals arbitrary invasions governmental officials fourth amendment held mean search arrest generally requires sanctioned warrant basic rule fourth amendment arrests searches conducted outside judicial process prior approval judge magistrate order warrant considered reasonable supported probable cause limited scope according specific information supplied person usually law enforcement officer sworn issuing court supreme_court held miller reasonable fourth amendment search based suspicion wrongdoing exceptions main rule based special needs normal need law enforcement special needs alleged courts undertake context specific inquiry examining closely competing private public interests advanced parties amendment applies governmental searches private citizens organizations acting behalf government ontario court held amendment apply government acting employer ruling government search police officer text messages sent government search threshold question fourth amendment search occurred initial fourth amendment case law citizen property rights government physically persons houses papers effects purpose obtaining information search original meaning fourth amendment occurred early 20th century court decisions united_states held fourth amendment rights applied cases physical intrusion forms police surveillance united_states court stated amendment core stands right man retreat home free governmental intrusion fourth amendment expanded significantly united_states supreme_court expanded focus embrace individual right privacy ruled search occurred government telephone booth microphone attached outside glass physical intrusion booth court reasoned entering booth shutting door exhibited expectation words broadcast world society believes expectation reasonable justice potter stewart wrote majority opinion fourth amendment protects people places search occurs purposes fourth amendment government person reasonable expectation privacy reasonable expectation privacy provided basis rule government intrusion electronic physical search covered fourth amendment necessitated warrant court said recognizing general right privacy fourth amendment authorized proper procedures followed decision later developed commonly test adopted smith maryland determining fourth amendment applicable given person exhibited actual expectation privacy society prepared recognize expectation reasonable supreme_court held fourth amendment apply information voluntarily given parties smith court held individuals legitimate expectation privacy telephone numbers information telephone companies number following vast majority fourth amendment search cases turned right privacy united_states jones court ruled standard replace earlier case law supplemented jones law enforcement officers attached gps device car exterior jones knowledge consent court concluded jones car property interest car intrusion vehicle common law purpose obtaining information court ruled search fourth amendment court similar reasoning florida rule bringing drug detection dog door home search certain situations law enforcement perform search reasonable suspicion criminal activity falls short probable cause necessary arrest terry ohio law enforcement officers permitted conduct limited search level suspicion probable cause certain circumstances terry supreme_court ruled police officer witnesses unusual conduct leads officer reasonably believe criminal activity suspicious person weapon person presently dangerous officer officer conduct pat search determine person carrying weapon detention search known terry stop conduct officers able point specific facts taken rational facts reasonably warrant actions established florida search temporary questioning limited purpose stop officers stop person reasonable suspicion believe person driving stolen car confirming stolen person answer questions possession seizure fourth amendment seizure person person home including personal property warrant seizure property occurs meaningful interference individual interests property police officers personal property away owner use evidence participate amendment protects seizure persons including brief detention seizure occur government questions individual public place rule bar voluntary answers questions offered evidence subsequent criminal prosecution person seized freedom movement restrained government individual momentarily reasonable objective grounds exceptions refusal listen answer grounds united_states court held person seized means physical force authority freedom movement restrained circumstances surrounding incident reasonable person believe free leave florida court ruled long police convey message compliance requests required police contact citizen encounter falls outside fourth amendment person remains free disregard questioning government seizure intrusion person privacy fourth amendment person arrested taken police custody seized reasonable person placed police car think free leave person subjected routine traffic stop hand seized arrested traffic stops relatively brief encounter analogous terry stop formal arrest person suspicion illegal behavior law enforcement official allowed place individual arrest simply person wish state identity provided specific state regulations specify case search incidental arrest state law violate fourth amendment long arresting officer probable cause maryland king court upheld police dna arrests crimes reasoning allows police photographs arrest exceptions government individual momentarily reasonable suspicion exceptions delaware court ruled officer illegal seizure stops automobile driver order check driver license registration automobile officer reasonable suspicion automobile registered vehicle subject seizure violation law society need great effective means meeting need available intrusion people privacy minimal certain end briefly motorists united_states supreme_court allowed immigration michigan state police supreme_court allowed illinois supreme_court allowed focused city indianapolis supreme_court ruled general crime fighting allowed warrant fourth amendment law enforcement receive written permission court law qualified magistrate search seize evidence investigating criminal activity court grants permission issuing writ known warrant search seizure generally unconstitutional conducted valid warrant police obtain warrant searches warrant considered specifically established exceptions warrant requirement applies exceptions apply exceptional circumstances special needs normal need law enforcement warrant probable cause requirement situations warrant requirement doesn apply search seizure nonetheless justified suspicion wrongdoing carved exception requirement suspicion ruled limited circumstances privacy interests implicated search minimal important governmental interest intrusion placed jeopardy requirement suspicion search seizure reasonable probable cause standards probable cause differ arrest search government probable cause arrest facts circumstances knowledge reasonably information lead person believe arrested person committed committing crime probable cause arrest exist arrest evidence obtained arrest apply justify arrest police conduct search amendment requires warrant establish probable cause believe search uncover criminal activity legally sufficient reasons believe search necessary united_states supreme_court stated probable cause search flexible common sense standard end court ruled united_states term probable cause means evidence justify condemnation assertion merely requires facts available officer warrant man reasonable caution belief specific items stolen property useful evidence crime demand showing belief correct likely true false practical non technical probability evidence involved required illinois gates court ruled reliability informant determined based circumstances exceptions warrant requirement consent party gives consent search warrant required exceptions complications rule including scope consent given consent voluntarily given individual right consent search property court ruled consent search valid police inform suspect right refuse search contrasts fifth amendment rights relinquished explicit warning police court stated united_states party consent search violating suspect fourth amendment rights court ruling illinois rodriguez consent search considered valid police accept good faith consent apparent authority party later discovered authority property question plain view open fields according plain view doctrine defined new_hampshire officer present seize objects plain view officer probable cause believe objects similarly open fields open water woods searched warrant ground conduct occurring reasonable expectation privacy doctrine articulated court united_states stated special protection accorded fourth amendment people persons houses papers effects extended open fields oliver united_states police ignored sign fence suspect land warrant followed path hundreds feet discovered field marijuana supreme_court ruled search taken place privacy expectation open field open fields provide setting intimate activities amendment intended shelter government interference surveillance societal interest protecting privacy activities cultivation crops occur open fields open fields protected fourth amendment outdoor area immediately surrounding home protected courts treated area extension house subject privacy afforded person home unlike person open fields fourth amendment linked home physically psychologically privacy expectations heightened courts held aerial surveillance included search long generally accessible public area intimate activity associated man home life courts determination examining area included enclosure surrounding home nature uses area steps taken resident protect area observation people passing court acknowledged typically treated invitation license public approach door home deliver mail sell goods charities etc license extends police right try engaging home knock talk purpose gathering evidence warrant bring drug detection dog door home warrant consent resident law enforcement officers conduct searches types circumstances obtaining warrant dangerous impractical example terry stop allows police suspects weapons court allowed search arrested persons weeks united_states preserve evidence destroyed ensure suspects disarmed united_states court ruled law enforcement officers search vehicle suspected carrying warrant court allowed blood drawn warrant drunk driving suspects california grounds time obtain warrant allow suspect blood alcohol content reduce later modified missouri warden provided exception warrant requirement officers hot pursuit suspect motor vehicle supreme_court held individuals automobiles reduced expectation privacy vehicles generally serve residences personal effects vehicles randomly stopped searched probable cause reasonable suspicion criminal activity items plain view seized areas potentially hide weapons searched probable cause believe evidence present police officers search area vehicle extend search vehicle passengers probable cause search passengers consent passengers arizona court ruled law enforcement officer needs warrant searching motor vehicle arrest vehicle time search person arrested reaching distance passenger compartment vehicle police officers reason believe evidence crime person arrested found vehicle searches incident arrest common law rule great_britain permits searches incident arrest warrant rule applied american law lengthy common law history justification search prevent arrested individual destroying evidence weapon arresting officer suspect ruled search incident arrest exception absent rule apply possibility suspect gain access weapon destroy evidence united_states supreme_court held search seizure warrant incident arrest considered strictly limited right grows inherent situation time arrest way necessity merely arrest united_states court reversed holding instead officers opportunity obtain warrant search incident arrest suggested area immediate control searched define term deciding california supreme_court previous decisions held arrest reasonable officer search weapons evidence riley california supreme_court ruled unanimously police obtain warrant search cellular phone court said earlier supreme_court decisions permitting searches incident arrest warrant apply modern daily life visitor mars conclude important feature human anatomy noted citizens today typically contain digital record nearly aspect lives mundane intimate border search exception searches conducted united_states border equivalent border international airport conducted warrant probable cause subject border search exception border searches conducted entirely random level suspicion border protection search authority searches traveler personal dignity privacy interests strip body cavity searches supported reasonable suspicion fourth ninth circuits ruled information traveler electronic materials including personal files computer searched random suspicion foreign intelligence surveillance supreme_court decision united_states left open possibility foreign intelligence surveillance exception warrant clause united states courts appeals recognized foreign intelligence surveillance exception warrant clause tied certain requirements exception fourth amendment formally recognized decision lower court held foreign intelligence exception fourth amendment warrant requirement exists surveillance conducted obtain foreign intelligence national security purposes directed foreign powers agents foreign powers reasonably believed located outside united_states despite citation fourth amendment searches nonetheless apply contents communications means person private communications akin personal papers protect carriers government legal action congress passed bill permit type surveillance exceptions new_jersey supreme_court ruled searches public schools require long searching officers reasonable grounds believing search result finding evidence illegal activity court ruled school officials violated fourth amendment strip searched year old girl based student claiming received drugs student similarly california court ruled government offices searched evidence work related misconduct government employees similar grounds searches prison cells subject restraints relating probable cause rule way courts enforce fourth amendment use rule rule provides evidence obtained violation fourth amendment generally prosecution defendant criminal trial court stated united_states rule function deter respect constitutional effectively available way removing incentive disregard court adopted rule weeks united_states prior evidence matter seized admitted court united_states united_states court ruled leads evidence resulting illegally obtained evidence trials justice described secondary evidence decision fruit poisonous tree supreme_court rejected incorporating rule way fourteenth amendment wolf colorado wolf explicitly overruled ohio making fourth amendment including rule applicable state proceedings rule effectiveness controversial particularly application state proceedings critics charge rule police investigation result freeing guilty parties convicted reliable evidence critics state rule successful illegal police searches proponents argue number criminal convictions overturned rule minimal effective mechanism exists enforce fourth amendment california passed victim bill rights containing provision repeal rule bill affect federally mandated rights fourth amendment blocked state courts expanding limitations starting united_states supreme_court repeatedly limited rule court ruled grand use illegally obtained evidence questioning witnesses damage institution unprecedented extension rule benefit possible effect explaining purpose rule court said rule created remedy designed safeguard fourth amendment rights generally effect personal constitutional right party cases restricted rule united_states court established good faith exception rule ruling evidence seized officers reasonably relying warrant warrant later found officer prepared seek warrant issuing magistrate abandoned neutrality warrant lacked sufficient court determined williams fruit poisonous tree evidence introduced prosecutor demonstrate inevitable discovery legitimate investigation united_states court ruled evidence illegally found search warrant evidence later found legally seized based information independent illegal search arizona evans herring united_states court ruled rule apply evidence found government database long arresting police officer relied database good faith davis united_states court ruled rule apply fourth amendment violation resulting reasonable reliance binding precedent utah court ruled evidence obtained unlawful police stop excluded court link stop evidence discovery discovery outstanding warrant stop supreme_court held rule apply following circumstances evidence illegally seized private actor governmental employee tax hearings evidence collected agents hearings evidence seized probation parole officers probation parole hearings
Fourth Amendment to the United States Constitution