Amendment 4
Protection from Unreasonable Searches and Seizures
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.
Introduced in 1789, the Fourth Amendment is about individual right to privacy. This amendment strikes a balance between the rights of persons and the responsibilities of law-enforcement officials. Any American may fall into the category of the criminally accused and the Framers felt Amercian citizens ought to be provided protections accordingly.
When the British government stilled ruled over the American colonies, they imposed high taxes on the colonists. The colonists used many tactics to avoid the taxes, such as smuggling and avoiding tax collectors. Parliament and the king began using general search warrants that allowed customs agents to enter any property without warning and without providing a reason for search. Search and seizure of private property based on general warrants became common in the colonial era.
The Fourth Amendment prevents the use of general warrants.
- Warrants must mention the exact place to be searched, as well as any possessions or people to be seized or arrested.
- Warrants can only be issued if there is probable cause, a reasonable belief that the person has committed a crime or will commit a crime. This belief must be based on facts and not just suspicion.
- Officials must have an evidence-based reason to carry out the search and a warrant signed by a judge.
“…Privacy is precious to the extent that it is a component of a liberty. Part of citizenship in a free society is the expectation that one's personal affairs and physical person are inviolable so long as one remains within the law…A robust concept of freedom includes the freedom from constant and intrusive government surveillance of one's life…"
Encroachments on individual privacy undermine democratic institutions by chilling free speech. When citizens–especially those espousing unpopular viewpoints–are aware that the intimate details of their personal lives are pervasively monitored by government, or even that they could be singled out for discriminatory treatment by government officials as a result of their First Amendment expressive activities, they are less likely to freely express their dissident views.” John W. Whitehead
“Now, one of the most essential branches of English liberty is the freedom of one's house. A man's house is his castle; and whilst he is quiet, he is as well guarded as a prince in his castle.” James Otis, 1761
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