Friends and neighbors,  

Last week, I wrote about the right to be free from quartering troops in one’s home that is protected by the Third Amendment. This week, I will discuss the Fourth Amendment’s protections against unreasonable searches and seizures and the warrant requirement for searches.

The Fourth Amendment 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.

Like the previous amendments in the Bill of Rights, the Fourth Amendment traces its origins to counterparts in English legal history. The home and personal property were considered off-limits to searches or seizures without a properly obtained warrant. Unfortunately, the colonists’ and our Founding Fathers’ rights to be secure against such searches or seizures were not represented by King George III.

In fact, the colonists were subject to searches after the British would issue general search warrants against the colonists. These warrants, known as writs of assistance, allowed for searches without probable cause, allowed the searches immunity for damage during the search, and only expired six months after the death of the king. The colonists were rightly outraged at these abuses, and they formed the basis for our Founders’ desire for the Fourth Amendment in our Bill of Rights.

The Fourth Amendment has been meticulously analyzed by the Supreme Court since the early 1900’s. For purposes of the Fourth Amendment, a search is a government intrusion in an area where a person has a reasonable and justifiable expectation of privacy. A seizure is the exercise of control by the government over a person or thing. The landmark case for 1967, Katz v. United States, is still good law today on the meaning of search and seizure in the Fourth Amendment.

The warrant requirement is a key component to the Fourth Amendment. With a few careful exceptions, a search or seizure of evidence without a warrant will prevent the government from using that evidence in a criminal trial. Warrants must be issued by a neutral and detached magistrate (usually a judge), be based on probable cause, and particularly describe the place to be searched and items to be seized. The probable cause element, in practice, is very fact-specific and applied on a case-by-case basis.

The exceptions to the warrant requirements include searches incident to lawful arrest, searches of a vehicle when there is probable cause to believe it contains contraband or evidence of a crime, evidence that is in plain view of a police officer who is legitimately on the premise, and certain emergencies like a fleeing felon.

The Fourth Amendment, like the Third, protects a bedrock principle of English-American law: that one’s home is his castle. Our homes, personal effects, and our bodies should not be subject to unreasonable searches absent the legal requirements for a warrant outlined above.

It is important to remember that we the people through our state legislatures can always pass laws that strengthen these rights and provide more protections than what the U.S. Constitution provides. The U.S. Supreme Court is primarily charged with guarding constitutional rights while other courts deal with criminal or civil cases. 

Next week, I will write about the Fifth Amendment. It contains the Due Process Clause, the Double Jeopardy Clause, the Self-Incrimination Clause, and the Takings Clause.  As you get your news, notice how often you can see every day that one of these rights are in effect and being used. If you do not accurately know your rights as written, how can you claim them?

I enjoy hearing from you about our Constitution and the rights it affords us. There is no other country that has such a strong constitution. 

You can call me at 651-296-5655 or send me an email at sen.mary.kiffmeyer@senate.mn. Please also take time to talk with others about our timeless and incredibly valuable Constitution. 

Sincerely,

Mary