U.S. Constitution: Fourth Amendment

Search and Seizure

Amendment Text

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.

Annotations

• Search and Seizure
• History and Scope of the Amendment
  • History
  • Scope of the Amendment
  • The Interest Protected
  • Arrests and Other Detentions
  • Searches and Inspections in Noncriminal Cases
• Searches and Seizures Pursuant to Warrant
  • Issuance by Neutral Magistrate
  • Probable Cause
  • Particularity
  • First Amendment Bearing on Probable Cause and Particularity
  • Property Subject to Seizure
  • Execution of Warrants
• Valid Searches and Seizures Without Warrants
  • Detention Short of Arrest: Stop-and-Frisk
  • Search Incident to Arrest
  • Vehicular Searches
  • Vessel Searches
  • Consent Searches
  • Border Searches
  • ''Open Fields''
  • ''Plain View''
  • Public Schools
  • Government Offices
  • Prisons and Regulation of Probation
  • Drug Testing
• Electronic Surveillance and the Fourth Amendment
  • The Olmstead Case
  • Federal Communications Act
  • Nontelephonic Electronic Surveillance
  • The Berger and Katz Cases
  • Warrantless ''National Security'' Electronic Surveillance
• Enforcing the Fourth Amendment: The Exclusionary Rule
  • Alternatives to the Exclusionary Rule
  • Development of the Exclusionary Rule
  • The Foundations of the Exclusionary Rule
  • Narrowing Application of the Exclusionary Rule
  • Operation of the Rule: Standing