Search and Seizure
The Fourth Amendment to the U.S. Constitution protects citizens and criminal suspects from unreasonable searches of their property and persons, and prohibits police officers from making unlawful arrests ("seizures"). Although this may seem straightforward, the law on these rights is not necessarily so. This section contains information on searches and seizures, what the law requires from police, what constitutes "probable cause," and much more. Click on the links below to get started:
- Search and Seizure and the Fourth Amendment
An in-depth look at what may constitute unreasonable searches and seizures, individuals' expectations of privacy, and more.
- Searches and Seizures FAQ
Explanations of just what a "search" is, search warrants, police powers, traffic stops, impounds, and more.
- Searches and Seizures: The Limitations of the Police
What police may, and may not do, when it comes to searches and seizures of people and their property.
- Probable Cause
Clarification on just what it means for police to have "probable cause".
- Police Misconduct and Civil Rights
Find out what happens in circumstances where police conduct illegal searches or seizures.
- When is an Arrest a Legal Arrest?
An explanation of when an arrest has taken place, and its legality.
- When the Fourth Amendment Applies
A close look at warrants and when they are required.
- The Fourth Amendment Warrant Requirement
Some state court cases interpreting state law on search and seizure.
- "Search and Seizure" and the Fourth Amendment
- Can the Police Legitimately Search My Vehicle Without a Warrant?
- Do the Police Have the Right to Tap My Telephone?
- Familial DNA Searches
- Illegal Search and Seizure FAQs
- Is there a Difference Between Confidentiality and Privacy?
- Probable Cause
- Sample State Court Decisions on "Search and Seizure"
- Search and Seizure Law
- Search Warrant Requirements
- Searches and Seizures: The Limitations of the Police
- Strip Search after an Arrest
- Text of the Fourth Amendment
- The Fourth Amendment "Reasonableness" Requirement
- The Fourth Amendment and the "Exclusionary Rule"
- The Fourth Amendment Warrant Requirement
- U.S. Constitution: Fourth Amendment
- When is an Arrest a Legal Arrest?
- When the Fourth Amendment Applies
- Your Rights with Police