The Fourth Amendment prohibits the government from conducting illegal searches and seizures, meaning the police cannot search people, their homes, or their belongings, or take their things without a good reason and a judge’s permission.
Amendment IV
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 Fourth Amendment does not prohibit all government searches and seizures; it only prohibits those that are identified as “unreasonable.” To be reasonable, any government official looking to intrude into a person’s private life by searching or taking their property must have a valid warrant (written permission from a judge) and probable cause (a reasonable belief, based on facts and evidence, that a crime has been committed or that a specific person is involved).
Searches and seizures that happen without a warrant generally violate the Fourth Amendment. When an official requests a warrant, that person must provide reliable information showing a reasonable belief that a crime has occurred or that evidence of a crime will be found in the place to be searched.
There are some exceptions to the rule. For instance, a warrantless search of a home is allowed if an officer has the owner’s permission – but that permission must be given voluntarily and not forced; plus, officers have to inform the owner that they have a right to refuse their request for permission.
Emergencies can, according the law, justify warrantless searches and seizures. For example, if the police see a person assaulting another in the middle of the street, they can chase the assailant into a nearby home in hot-pursuit.
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