What Does the Fourth Amendment Protect?
In the criminal law realm, Fourth Amendment “search and seizure” protections extend to: • A law enforcement officer’s physical apprehension or “seizure” of a person, by way of a stop or arrest; and • Police searches of places and items in which an individual has a legitimate expectation of privacy — his or her person, clothing, purse, luggage, vehicle, house, apartment, hotel room, and place of business, to name a few examples. The Fourth Amendment provides safeguards to individuals during searches and detentions, and prevents unlawfully seized items from being used as evidence in criminal cases. The degree of protection available in a particular case depends on the nature of the detention or arrest, the characteristics of the place searched, and the circumstances under which the search takes place. When Does the Fourth Amendment Apply? The legal standards derived from the Fourth Amendment provide constitutional protection to individuals in the following situations, among others: • An
