The Fourth Amendment of the US Constitution protects citizens arbitrary arrests and is the basis for search warrants, safety inspections and wire tapping.

It reads “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.”

Search and seizure protections refer to the ways in which cops are legally allowed to proceed with stops, arrests and searching private property. The Fourth Amendment provides safeguards to citizens during searches and arrests and prevents unlawfully seized items from being used as evidence in trials.

Some example situations where these protections apply include:

-Being questioned by the police while walking down the street

-Getting arrested

-Police entering a private residence or business to search for evidence

-Having private property like a vehicle or residence being confiscated by police

This amendment doesn’t necessary ensure privacy because we willingly give up a lot of our privacy while online including cookies that track us online. What it does protect is security with yourself and your property against the government.

The amendment is found to be violated by the police when an arrest is not supported by probable cause or a valid warrant. Another instance is when police search a place without a search or special circumstances that justify the search.

Thank you for visiting the Collin Evans’ blog, a Houston criminal defense attorney. We write to inform locals about news and events.