What Are 4th Amendment Protections?

There is a significant amount of discussion concerning “Fourth Amendment rights” in relation to the rights of individuals who have been arrested for or are facing criminal charges, as well as for individuals who experience stops and searches, whether they are in motor vehicles or walking on foot. Understanding your rights under the Fourth Amendment can be complicated since the protections that come from this constitutional amendment have been refined and clarified through a wide range of US Supreme Court cases over the years. In other words, the protections from this amendment are not explicitly outlined in the text of the amendment itself. An experienced Indianapolis criminal defense lawyer at Rigney Law LLC can tell you more, and we can speak with you today about any questions you have.

Text of the Fourth Amendment 

The Fourth Amendment is commonly known as the constitutional amendment that protects people against unlawful search and seizure. The text of the Fourth Amendment is actually quite short, especially given the vast and nuanced protections it provides for individuals. This is the full text of 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.”

In simpler terms, the amendment says that you and your property cannot be subject to unreasonable search or seizure, and that law enforcement must have probable cause for warrants to search and seize property. But what does this really mean in practice? The Fourth Amendment has been interpreted by the US Supreme Court in various circumstances, clarifying its protections.

Reasonable Suspicion and Probable Cause for Stopping and Searching Vehicles 

According to Fourth Amendment case law, unless law enforcement has a valid warrant, a stop of a motor vehicle can only occur if the officer has “reasonable suspicion,” and a warrantless search can only occur if the officer has “probable cause” (or permission from the motorist). To be clear, “reasonable suspicion” is less than “probable cause.” An officer needs more to conduct a search than to make a stop. If there is no valid warrant, no probable cause, and no permission to search a vehicle, then any other search of a vehicle would be considered unreasonable and in violation of the Fourth Amendment.

Terry Stops, or Stopping and Searching a Person 

When a person is on foot, they also have Fourth Amendment protections, but these are slightly more complicated. After Terry v. Ohio (1968) and subsequent US Supreme Court case law, a person can be stopped and frisked — in what is now known as a “Terry stop” — with only “reasonable suspicion of criminal activity.” Many argue that a frisk constitutes a search, and is thus unlawful without probable cause, but the law does currently allow for a stop and frisk with only reasonable suspicion of criminal activity.

Warrants Generally Required to Search Houses and Seize Property 

Under Payton v. New York (1980), search and seizure inside a residence generally must occur after a valid warrant is issued to be valid. The only exceptions allowing for a warrantless search are where a resident has given consent, the search is incident to a lawful arrest, if items are in plain view, or if there are exigent circumstances.

Contact Our Indianapolis Criminal Defense Lawyers Today for Assistance 

Do you have questions about your Fourth Amendment rights or need help building a defense against criminal charges? Contact the experienced Indianapolis criminal defense attorneys at Rigney Law LLC today.

Sources:

constitution.congress.gov/constitution/amendment-4/#:~:text=The%20right%20of%20the%20people,and%20the%20persons%20or%20things

uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/what-does-0#:~:text=The%20Constitution%2C%20through%20the%20Fourth,deemed%20unreasonable%20under%20the%20law