2.1: Amendmant IV
Searches and Seizures
The purpose of the 4th Amendment is to deny the national government the authority to make general searches and seizures of property. A major issue over the years has been the interpretation of "unreasonable" searches and seizures. The rules can be complicated. They also change often, but the general principle is that searches are valid methods of enforcing law and order, but unreasonable searches are prohibited.
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.
Over the years, the Supreme Court has interpreted the 4th Amendment to allow the police to search the following:
- The person arrested
- Things in plain view of the accused person
- Places or things that the arrested person could touch or reach or are otherwise in the person's "immediate control"
- Property where there is strong suspicion that a person could be in immediate danger