The Constitution’s Fourth Amendment protects citizens’ personal privacy as well as their right to freedom from unreasonable search and seizure. The courts and the legislative branch of the government have put protections in place that allow only limited intrusion on citizens’ Fourth Amendment rights, under very specific circumstances.
What is covered by the Fourth Amendment?
In criminal law, Fourth Amendment protections are extended to physical seizures by way of arrest, as well as searches of items and places where a person could reasonably expect privacy, such as luggage, handbags, houses, vehicles, and hotel rooms. This amendment offers protection to people during detentions and searches, and it prohibits unlawfully seized articles from being used as criminal evidence. The type of protection available depends on the nature of the arrest, the search vicinity’s characteristics, and the search’s circumstances.
When is the Fourth Amendment Used?
Legal standards arising from the Fourth Amendment offer constitutional protection to those in the following situations:
* When one is stopped for questioning, while in public.
* When one is pulled over for a minor traffic law violation and their car is searched.
* When one is arrested.
* When the police enter a person’s home to make an arrest.
* When the police search one’s home or business for criminal evidence.
* When a person’s vehicle or property is confiscated by the police.
Scenarios involving the Fourth Amendment and the authorities’ obligation to protect citizens’ rights are numerous. However, in most cases, police cannot search a person or take their property without a search or arrest warrant, or without probable cause to believe the person has violated a law. If a person has been illegally searched or had property seized illicitly, a criminal defense attorney in LaGrange, Indiana, can protect their rights from further violations.
If a Person’s Rights are Violated
When authorities violate a person’s Fourth Amendment rights, and a search is considered unlawful, evidence obtained in that search is excluded from a subsequent criminal case. For instance, an arrest can be found in violation because it wasn’t backed up by a warrant or probable cause. If a search is done in violation of a homeowner’s rights, without a search warrant, evidence cannot be used in court. Those who believe their Fourth Amendment rights have been violated should visit the website of Grimm & Grimm, a criminal defense attorney in LaGrange, Indiana, to learn about their legal options.