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The Fourth Amendment aims to protect citizens’ rights when they are interacting with law enforcement personnel. In addition to prohibiting unreasonable searches and seizures, it sets forth requirements for issuing warrants. In other words, criminal law attorneys often refer to its terms when defending their clients because violations can make certain evidence inadmissible in court. Here is what you should know about the Fourth Amendment if you’re facing criminal charges and think your rights were violated prior to the arrest. 

A Brief History

The Fourth Amendment was ultimately a response to three legal cases that were decided in the 1760s. Two occurred in England and involved the ransacking of pamphleteers’ homes after they were charged with libel against the king. The other occurred in the colonies and involved blanket search warrants that British customs inspectors used to target smugglers in colonial Boston. All three cases involved dissidents rather than violent offenders, and dissidents can be law-abiding citizens, which is whom the Fourth Amendment aims to protect.

Your Rights Today

criminal lawThe Fourth Amendment remains in effect today. Under criminal law, people do not typically have to consent to a search if police do not present a valid warrant. To obtain one, officers must submit a written affidavit to a magistrate or judge. This document must contain enough factual information to establish probable cause that the person named has violated the law. If it does and a warrant is granted, there are still limits to what officers can do with it. For example, they may only search the place listed in the warrant. Additionally, they must present the warrant if the occupant asks to see it. 

If officers do not have a warrant, they may still conduct a search if the occupants consent. Typically, residents may consent to a search of the areas over which they have control—but only those areas. For example, if officers want to search your roommate’s things, you may consent to a search of any common areas and of your own bedroom, but not of your roommate’s bedroom. Guests may also consent to a search if they have normal access to and use of the premises. Housekeepers, on the other hand, do not have the authority to consent to a search without a warrant because they do not use the property for their own purposes. 

 

The criminal law team at Lane, Felix & Raisbeck CO, LPA is committed to protecting their clients’ rights at every stage of judicial proceedings. Based in Cincinnati, they have been serving the community of Hamilton County for more than 30 years. When you turn to a seasoned lawyer on their team, you can count on receiving attentive and strategic guidance that is tailored to meet your particular needs. To view all the services they provide, visit their website. To request a consultation with a criminal law attorney on their team, call (513) 922-7700.

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