Your Fourth Amendment Rights: Search and Seizure Explained

When you are facing criminal charges, one of the most important protections you have is found in the Fourth Amendment to the United States Constitution. This amendment protects you from unreasonable searches and seizures by law enforcement. Understanding this right can make a significant difference in your case and may even determine whether evidence against you is admissible in court.

What Does the Fourth Amendment Say?

The Fourth Amendment states:

“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.”

You can read the full text of the Constitution on the National Archives website.

When Can Police Search Without a Warrant?

While warrants are the rule, there are exceptions. Police may legally search without a warrant in certain circumstances, such as:

• Consent: If you give officers permission to search.
• Plain View: If illegal items are clearly visible.
• Search Incident to Arrest: If you are lawfully arrested, officers may search you and the area within your immediate reach.
• Exigent Circumstances: If waiting for a warrant would put people at risk, allow evidence to be destroyed, or let a suspect escape.
• Automobile Exception: Vehicles can be searched with probable cause, even without a warrant, due to their mobility.

For more details, see the Fourth Amendment overview from Cornell Law School’s Legal Information Institute.

Why Fourth Amendment Violations Matter in Criminal Defense

If law enforcement violates your Fourth Amendment rights, any evidence they obtain may be suppressed—meaning it cannot be used against you in court. This could result in reduced charges or even dismissal of your case.

A key U.S. Supreme Court case, Mapp v. Ohio (1961), established that evidence obtained through unconstitutional searches cannot be used in state courts. This decision reinforced the importance of your constitutional protections.

How a Defense Attorney Can Protect Your Rights

A skilled criminal defense attorney will:

• Carefully review the circumstances of your arrest and search.
• File motions to suppress illegally obtained evidence.
• Challenge the credibility of police testimony.
• Argue for dismissal or reduction of charges if your rights were violated.

Takeaway

The Fourth Amendment is a cornerstone of your constitutional rights. Police must follow the law, and when they don’t, the evidence they collect may not be used against you. If you believe your rights were violated during a search or seizure, an experienced criminal defense attorney, is critical to protect your case. Call the Law Office of Victor Nasser today at (310) 903-9721 for a consultation and to safeguard your rights.