The Constitution of the United States of America and the Amendments that expanded it protect people against government abuses. The Constitution establishes numerous critical civil rights, including the right to freedom of speech and the right to a trial by jury.
Each of the various Amendments added to the Constitution extends different types of legal protection to people facing some kind of conflict with the state. The Fourth Amendment extends protection that can prove critical for individuals suspected of involvement in criminal activity.
What does the Fourth Amendment state?
The Fourth Amendment extends protection from unreasonable searches and property seizures. Agents of the state cannot take control of private property or conduct searches without qualifying circumstances.
The Fourth Amendment specifically recognizes judicial warrants and probable cause as legal justifications to search. Without a warrant or probable cause, police officers and other investigators typically need consent to perform an invasive search.
Police officers cannot let themselves into someone’s home or physically search people simply because they are in a public location. Additionally, there are rules that limit the state’s ability to seize public property. While civil asset forfeiture laws do allow for the seizure of property in certain circumstances, people generally do not have to worry about losing their money or property without due process.
How does the Fourth Amendment help during a criminal trial?
Those facing criminal investigations or accusations have the right to decline requests to search. They can deny access to private property if law enforcement professionals do not have warrants or probable cause. If an inappropriate search does occur, the Fourth Amendment empowers a criminal defense attorney to challenge the state’s conduct and ask the courts to set aside ill-gotten evidence.
Under the exclusionary rule, which stems from Fourth Amendment protections, the state may not be able to use evidence obtained from illegal activity or a violation of an individual’s rights during criminal proceedings. Those who are aware of their rights can better navigate interactions with law enforcement. They can also evaluate different options for fighting pending criminal charges.
Discussing the conduct of law enforcement professionals with a skilled legal team may help those preparing to fight criminal charges hold the state accountable for allowing inappropriate searches and other improper law enforcement conduct.
