In school, you probably learned about the Bill of Rights in your social studies class. However, can you still recall the Fourth Amendment? This addition to the U.S. Constitution made unreasonable searches and seizures illegal and established rights for citizens in their private homes. If you’re interested in learning more about this crucial legislation and how defense lawyers make use of it today, take a look at the guide below.

Why Did the 4th Amendment Become Part of the Constitution?

The Fourth Amendment is a law which insists that “each man’s home is his castle,” preventing law enforcement and other authority figures from entering, searching, and taking your personal property without probable cause. Like other aspects of the Constitution, it was proposed based on the colonists’ unhappiness with their treatment under English common law in the 17th and 18th centuries. 

During the 1760s, two court cases formed the basis for the Fourth amendment—Wilkes v. Wood and Entick v. Carrington. They both involved writers of pamphlets—publications that commented on political or social matters—who were in trouble for criticizing ministers of the king. While warrants can only be issued by judges or magistrates who have been approached by the police today, matters were handled differently at this time in England. The king’s agents issued a warrant on their own, which allowed them to violently search the homes of the pamphlet writers and take their work. When the writers sued, saying the warrants weren’t official, they won. 

After a third, similar case in Boston, the Fourth Amendment was set in motion. The law states that the government cannot make a search if they don’t have a sufficient reason to, such as a clue that the evidence lies in a person’s home. In other words, the police can’t act on suspicions alone. The Fourth Amendment also prevents law enforcement from taking whatever they want during a search; they can only take evidence or illegal items.

How Are Search Warrants Handled Today?

Today, the Fourth Amendment stands strong. If a police officer asks to enter your home or car without showing you a warrant signed by a judge, you don’t have to let them in. Also, the warrant must specifically state the place and time that the judge approved a search for. If they find illegal objects or evidence of a crime, they can take it, regardless of whether it’s mentioned in the warrant. 

While officers are required to announce their arrival before coming into your home or car, it’s important to know that they don’t have to show you the warrant right away. However, if you ask to see a warrant, they must present it to you. Finally, law enforcement is required to show respect to the occupants of the home they are searching, such as allowing you to get dressed or eat and drink and showing the warrant when asked. If they don’t treat you reasonably, the evidence they find could be thrown out.

In some cases, working with a defense lawyer to prove that law enforcement didn’t abide by the Fourth Amendment could help your case. If you live in the Cincinnati, OH, area, turn to James F. Bogen, Attorney at Law, for calculated guidance. He has more than 10 years of experience as a defense lawyer, helping clients fight for their rights and expunge their records after the fact. To schedule a consultation with this trusted attorney, visit his website or call (513) 503-7251 today.