The Fourth Amendment of the United States Constitution is a cornerstone of criminal defense law that protects people from unreasonable searches and seizures by the government.
It is so important that every individual needs to understand their rights under this Amendment to protect themselves from wrongful prosecution and other violations of their civil liberties.
Our criminal defense attorneys explain the basics of the 4th Amendment and its implications for criminal defense cases, discussing important topics such as what constitutes a violation of the amendment, how to protect these rights, and why understanding them is so important in criminal cases.
Examining Our Constitutional Right: The 4th Amendment
The Constitution is the foundation of our political system in the United States. The 4th Amendment was added to the Constitution in 1791 and has since become a cornerstone of American civil liberties.
Under the 4th Amendment, every individual is entitled to the security of their persons, homes, papers, and effects from unlawful searches and seizures.
Criminal defense attorneys rely heavily on the Fourth Amendment to defend their clients’ rights. The Amendment requires that law enforcement officials obtain a warrant before conducting a search or seizure, ensuring that they have probable cause for their actions.
If evidence was obtained illegally without a warrant or probable cause, it may be suppressed in court, weakening the prosecution’s case and increasing the likelihood of acquittal for the defendant.
4th Amendment FAQs
This Amendment is crucial in preserving our privacy and ensuring that we are not subject to unwarranted government intrusion. However, the language of the Bill of Rights can be confusing, leading to many questions about what the 4th Amendment means and how it applies in certain situations.
Our lawyers answer some of the most frequently asked questions below.
What Qualifies as an Unlawful Search and Seizure?
In general, the Fourth Amendment prohibits searches and seizures that take place without a person’s permission, a warrant, or reasonable suspicion that a crime has been committed.
What Are the Conditions for a Search Warrant?
A law enforcement official must request a search warrant in good faith and based on evidence that establishes probable cause to search. A judge must also sign the warrant, which must specify the location to be searched as well as the objects that need to be found.
If They Have a Search Warrant, Can the Police Search Everywhere They Want?
No. The search warrant’s specified location is the only one that police may enter. For instance, they could not search your home if they got a warrant to search your car. Nonetheless, they can search outside the scope of the order and seize the items if they are in plain sight. To stop the destruction of evidence, they can also take action.
What is Not Protected Under the 4th Amendment?
The Fourth Amendment does not protect someone who is under suspicion of a Federal felony. Also, the Amendment would not protect someone who voluntarily agrees to a search without a warrant.
Can Police Use Surveillance or Technology Without a Warrant?
In 2018, the Supreme Court ruled that police need a warrant to obtain cell phone location data from service providers. However, there are still some gray areas when it comes to real-time tracking using cell towers or GPS devices.
While police have access to an array of technological tools that can aid them in investigations, they must still adhere to constitutional protections against unreasonable searches and seizures.
Police must also obtain a warrant before using GPS tracking devices on vehicles or installing hidden cameras in private homes. Additionally, some forms of surveillance such as wiretapping, require probable cause and a court order before they can be used.
How is the 4th Amendment Used in Criminal Defense Cases?
In criminal defense cases, the 4th Amendment is often used as a means of challenging evidence gathered during a search or seizure. Defense attorneys will argue that the police conducted an unreasonable search or seizure in violation of their client’s constitutional rights. If successful, this argument can result in crucial evidence being thrown out of court.
Additionally, courts may use the exclusionary rule to prevent illegally obtained evidence from being used against a defendant at trial. This rule prohibits prosecutors from introducing evidence obtained through illegal search or seizure methods into court proceedings.
Read More > Can Police Search Your Vehicle Without a Warrant?
Preserving Your Fourth Amendment Liberties
Stechschulte Nell Law is dedicated to protecting your 4th Amendment rights. We understand that the consequences of a criminal charge can be severe and devastating, and are committed to providing our clients with the quality representation they deserve.
Our attorneys will work hard to ensure that your rights are upheld throughout the legal process as we strive for justice on your behalf. We have successfully defended clients across numerous state and federal courts, so you can rest assured that your case will be in the best hands.
If you have been charged with a crime or believe that your Fourth Amendment rights have been infringed, don’t hesitate to reach out to us at 813-280-1244. We are on your side and are available 24/7 to take your call.
