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.

What is unreasonable? What is probable cause? What does the term “people” mean? The answers depend upon the evidence offered to the judge who issues the search warrant or the jury when a search warrant was not obtained.

Over the decades this amendment has undergone continual scrutiny with various ways of interpretation depending upon the court system involved.

“What about” situations have involved the legality of electronic eavesdropping, thermal imaging through walls, helicopters with cameras, “open fields” searches, surprise safety inspections, random vehicle inspections, to hospital surgical rooms.

“Knock and announce” vs. “No knock entries” are difficult for the police to choose. Even instances when the citizen waives his or her rights to consent to a search invites a lawyer’s perusal.

In life-or-death situations warrants can be exempted. Different rules exist for inspecting cars, boats, planes, private property and commercial property. Anyone crossing the international border is not protected by the Fourth Amendment as long as the border patrol agent is considered performing a “reasonable” search.

What about drug testing students in school, prisoners in jail, employees on the job?

The lawyer who specializes in the Fourth Amendment will have work for life. The police are subject to immense pressure. The judges have great responsibility in their interpretations of the law.

To paraphrase a line in the movie The Treasure of the Sierra Madre…"Sometimes you need to show the stinking warrants but sometimes you don’t."  

Sources:

https://constitution.congress.gov/
https://www.uscourts.gov/
https://law.justia.com

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