What does the 4th Amendment mean for you?

by | Feb 25, 2020 | Criminal Defense

You have certain rights, but like many people, you may not be certain exactly what those rights include. It’s important to understand how to proceed when you are facing questions from police or law enforcement is trying to search your personal property. The Fourth Amendment pertains to your rights regarding searches and seizures, and it can be useful to know what it means.

The Fourth Amendment is incredibly important as it protects your personal privacy and freedom from unreasonable intrusions by the government into your property, home or place of business. Understanding this right is useful if you ever find yourself the subject of a police investigation. When you know your constitutional rights, you will be better equipped to stand up for yourself and speak out against unfair or illegal treatment by law enforcement.

Specifics of this amendment

This amendment specifically offers a person protection from illegal searches and seizures. This applies in situations involving searches of your home or places where you would have a reasonable expectation of privacy, such as your vehicle or place of work. It also pertains to situations where officers try to literally seize you physically by way of arrest or apprehension.

There are times when searches and seizures are legal and appropriate, but these things cannot happen without appropriate legal permission and probable cause. Every case is different, and the degree to which these protections apply depends on the nature of the search. The Fourth Amendment may apply during situations when police do the following:

  • Stop and question a person while he or she is walking down the street
  • Apprehend and place someone under arrest
  • Pull a driver over and then search his or her vehicle
  • Enter a person’s work or home to search for evidence of a crime

Police cannot simply decide to enter a person’s property or take someone into custody without a valid arrest warrant, a valid search warrant or the genuine belief that a person committed a crime.

Violations of the amendment

When law enforcement violates the Fourth Amendment and encroaches on a person’s constitutional rights, the victim has the right to speak out about this. These things could compromise the entire case against a person, and if this happened to you, you do not have to remain silent. If you have concerns or questions about your Fourth Amendment rights, it may be helpful to speak with an experienced Baltimore criminal defense attorney about your options.

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