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What is the Fourth Amendment of the US Constitution?

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  • Written By: Mary McMahon
  • Edited By: O. Wallace
  • Last Modified Date: 08 November 2016
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The Fourth Amendment to the United States Constitution reads:

The United States Supreme Court has ruled that in addition to including federal government, the Fourth Amendment also applies to the states. This means that it covers agencies like the State Police in addition to the Federal Bureau of Investigation and other federal law enforcement agencies. Because a violation of the Fourth Amendment can cause a case to be thrown out of court, law enforcement personnel are very careful about how and when they search people and property.

Under the terms of this amendment, law enforcement personnel can initiate a search if they have probable cause; for example, a police officer can ask a driver to take a blood alcohol test if he or she is driving erratically. This is deemed reasonable because of the probable cause, and because drivers must sign a statement indicating that they are willing to submit to such tests in order to be licensed in many states. By contrast, a police officer cannot pull over a random driver and search his or her car for no reason, because this is an unreasonable search.

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A search may also be initiated if a warrant is issued by a judge or another official authorized to do so. In a warrant application, a law enforcement agency must detail what they want to search and why, and the judge must determine whether or not the situation merits a warrant. Even with a warrant, a search can still violate the Fourth Amendment, so judges tend to be cautious.

There are exclusions to the Fourth Amendment. It does not cover what are known as “plain view” seizures and searches; in other words, if there's an open container of alcohol visible on a passenger seat, a police officer can confiscate it, and use it as probable cause to search the vehicle. The plain view exclusion is also often assumed to include trash cans. The Fourth Amendment also only applies to government entities; private companies and individuals are on their own, although they could be prosecuted for trespassing and other violations of the law.

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anon327594
Post 7

If someone was in a minor fender bender with no damage at all, and the two vehicles involved were in agreement that there was no need for any other actions, and a vehicle directly on front of the car that was hit decides to call the cops, does the officer have the right to test the individual for alcohol when there was no mention of alcohol until twenty minutes after the CHP officer had been talking to the driver?

anon117811
Post 5

i was arrested for taxes that i paid and have receipts for. is this illegal?

anon65955
Post 4

no, police cannot search your car if you have broken view mirrors.

anon46401
Post 3

Do the police have a right to search you if you are parked in front of a convenience store and going in to buy something?

anon39778
Post 2

Yes, the fourth amendment applies to this. They need probable cause to search your vehicle. Broken mirrors are not probable cause.

anon33528
Post 1

If the reason being that you were pulled over due to a traffic such broken side view mirrors, do police officers have the right to search your vehicle? Does the fourth amendment apply to this situation?

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