The Fourth Amendment, which protects Americans from unreasonable searches and seizures, was devised on the heels of three cases that occurred in the 1760s. If you’re facing criminal law charges after an altercation with police, it’s wise to review the rights granted by this amendment because it may be possible to build your defense around them. If you did not consent to a search, for example, the evidence officers gathered may not be admissible in court. Here’s a comprehensive guide to the Fourth Amendment so you can determine if its terms might impact your case.

A Brief History

The Fourth Amendment was devised in response to two cases that occurred in England and one that was decided in the colonies. The two English cases involved pamphleteers who were accused of criticizing the king. Their homes were ransacked and all their work was seized, but they sued for damages on the grounds that the warrants authorizing the searches were void, and they both won.

In the third case, customs inspectors were given blanket warrants to combat smuggling in the colonies. Called writs of assistance, these warrants allowed them to search anywhere they suspected smuggled goods were hidden. Boston merchants banded together to sue, claiming the writs were invalid. They lost the case, but from the strong negative public reaction, the Fourth Amendment was born.

How Searches Are Handled Today

Originally proposed by James Madison, the Fourth Amendment prohibits unreasonable searches and seizures of persons or property. In other words, law enforcement personnel must obtain a valid search warrant—or the suspect’s consent—before conducting a search. In certain scenarios, though, they are entitled to conduct a search if they have probable cause to believe the suspect is violating the law.

If you’re facing criminal law charges after police searched your home or vehicle without a warrant, you may be able to fight them on the grounds that your rights were violated. In order for such a defense to work, though, you must not have consented to the search. If, on the other hand, officers show up at your home with a warrant, you must allow them to search the premises. However, they must still respect your rights when doing so. For example, they cannot search any property that is not listed in the warrant, and they cannot refuse to show you the document.

If you’re facing criminal law charges in Georgia but think your rights were violated before the arrest, contact the Walker Firm. Practicing out of Warner Robins, this firm was founded in 1980 and represents clients throughout all of Houston County. When you turn to a defense attorney from their team, you can be sure your case will receive the attention it deserves. You can also be sure your lawyer will remain accessible during the proceedings and keep you up-to-date on all major developments. To explore the various criminal law charges they help clients fight, visit their website, and then call (478) 923-4152 to schedule a consultation.