Amendment 4 · Ratified December 15, 1791
An overview of the 4th Amendment, detailing its text, historical context, interpretations, and significance in modern law.
Source: U.S. Const. amend. 4
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 4th Amendment protects individuals from unjustified governmental intrusion into their personal privacy. It requires law enforcement to have probable cause and a warrant before conducting searches or seizures.
The 4th Amendment was a response to the abuses by British authorities before the American Revolution, particularly the use of general warrants and writs of assistance. It reflects the Founding Fathers' commitment to ensuring individual liberty and privacy rights.
A key standard used to determine if a search or seizure is reasonable under the 4th Amendment.
Holding: Evidence obtained through unlawful searches and seizures is inadmissible in state courts.
Significance: Established the exclusionary rule, which protects against improperly obtained evidence in violation of the 4th Amendment.
Holding: The government's monitoring of a public phone booth constitutes a search under the 4th Amendment.
Significance: Expanded the interpretation of privacy rights and established the 'reasonable expectation of privacy' test.