Fourth Amendment

American  

noun

1. an amendment to the U.S. Constitution, ratified in 1791 as part of the Bill of Rights, prohibiting unlawful search and seizure of personal property.

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Usage

What is the Fourth Amendment? The Fourth Amendment is an amendment to the US Constitution that forbids illegal searches and taking of property.The Constitution of the United States is the document that serves as the  fundamental law of the country. An amendment is a change to something. An amendment to the Constitution is any text added to the original document since its ratification in 1788. The Constitution has been amended 27 times in American history.The Fourth Amendment states:“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.”The Fourth Amendment has been interpreted to mean that the government cannot search or seize you or your property without good reason or a warrant signed by a judge. In practice, the Fourth Amendment limits the actions of police officers, who are government employees. For the most part, police officers can’t search or detain you for no reason. They also cannot enter your home or take your property for no reason.However, the Supreme Court has ruled that the Fourth Amendment hasn’t been violated if the officer had probable cause to perform a search or seizure without a warrant. Probable cause means that the officer reasonably believed a crime had been committed or there were extreme circumstances, such as a person’s life being in danger. If a police officer sees you commit a crime, for example, they do not need a warrant to search or arrest you.Additionally, if you consent to an officer’s request of a search or seizure, it is legal. If a police officer asks to search your bag and you say they can, they are not violating your Fourth Amendment rights if they then search your bag.The Fourth Amendment is often debated and has been at the center of a huge number of Supreme Court cases. Courts have long battled to balance Fourth Amendment rights with police officers’ job of enacting justice and fighting crime. As technology advances, we are likely to see more debate and court cases regarding the Fourth Amendment.

Example Sentences

And, they’re seeking to ensure DHS honors the Fourth Amendment and that officers obtain a warrant before forcibly entering someone’s home.

From Salon

Whether they are defending legal rights or a thing they call the Fourth Amendment or the First Amendment.

From Slate

I don’t know whether they can recite the language of the Fourth Amendment.

From Slate

A 1990 ruling held that the Fourth Amendment didn’t protect a Mexican national against a warrantless search of his home—but that was entirely because his home was located in Mexico, not Minnesota.

From The Wall Street Journal

But everyone — including immigrants suspected of being in the U.S. illegally — is protected against unreasonable searches and seizures under the Constitution’s Fourth Amendment.

From Salon