Fourth Amendment

The Fourth Amendment prohibits “unreasonable searches and seizures” and provides that the police must have a warrant to invade your home, your personal property, or your body. The warrant must be issued by a judge and must be based on a sworn statement that the law enforcement officers have “probable cause” to believe they will find evidence of criminal activity. The warrant must be specific in identifying the places to be searched and the items or persons to be seized.

In other words, the police cannot detain you and search you or your home or your property without a warrant. Over time, the law has carved out many exceptions to the warrant requirement.

If the police conduct an illegal search or seizure, in violation of the 4th Amendment, any evidence they find may be “suppressed,” which means it cannot be used against you at trial.