Fourth Amendment Defenses. The Fourth Amendment of the U.S. Constitution is one of the strongest safeguards of personal freedoms in the country. If law enforcement conducts a search without a proper warrant or probable cause, any evidence they find can often be thrown out in court. This can make a world of difference in a case, potentially leading to an acquittal or dropped charges and often being the difference between conviction and freedom.
What Is the Fourth Amendment?
The Fourth Amendment is a key part of the U.S. Constitution that protects us from unreasonable searches and seizures. It reads:
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.
Basically, the Fourth Amendment means that the government can’t go poking around in your life or possessions without a really good reason. It requires a warrant to search your home and belongings.
In a nutshell, the Fourth Amendment aims to strike a balance between individual rights and public safety. It prevents the government from abusing its power and ensures you have a fair trial (a right given by the Sixth Amendment).
If any evidence law enforcement has against you was illegally obtained, they will not be able to use it in court, no matter how damning it is.
Missouri Constitution, Section 15 of Article I
Section 15 of the Missouri Bill of Rights also protects citizens against unreasonable search and seizure. While it doesn’t supersede the Fourth Amendment, it reinforces the importance of citizens’ rights and allows Missouri courts to provide their own legal frameworks.
What Law Enforcement Can’t Search Without a Warrant
Thanks to the Fourth Amendment, police generally need a warrant to search:
- Private Homes: The Fourth Amendment protects individuals from unreasonable searches and seizures. Police usually need a warrant to enter and search a home.
- Personal Belongings: This includes items like bags, purses, and backpacks. If these items are in a place where a person has a reasonable expectation of privacy, police need a warrant to search them.
- Vehicles: While police can search a vehicle without a warrant under certain circumstances (such as probable cause), they typically need a warrant to conduct a more extensive search, especially if it involves searching compartments or containers within the vehicle.
- Cell Phones and Computers: The Supreme Court has ruled that law enforcement must obtain a warrant before searching digital devices, as they contain vast amounts of personal information.
- Curtilage: This refers to the area immediately surrounding a home, such as the yard or garage. Police usually need a warrant to search these areas unless an exception applies (like consent or exigent circumstances).
- Mail: The contents of mail are generally protected from warrantless searches. Law enforcement usually needs a warrant to open and inspect mail.
- Private Spaces: Areas where individuals have a reasonable expectation of privacy, such as hotel rooms, changing rooms, or private offices, typically require a warrant for police to search.
- Stored Documents and Records: Personal documents, such as bank statements or medical records, are protected and generally require a warrant for police to access.
Exclusionary Rule in Fourth Amendment Cases
The exclusionary rule states that any evidence obtained in violation of a person’s Fourth Amendment rights cannot be used in court. This means if law enforcement conducted an illegal search and found evidence against you, that evidence can often be thrown out, weakening the prosecution’s case significantly if not entirely. If the illegally obtained evidence is suppressed, it can lead to the dismissal of charges or an acquittal.
For example, if police entered your home without a warrant and found illegal drugs, those drugs would likely be inadmissible in court. The rationale behind this rule is to deter law enforcement from violating individuals’ rights and to uphold the integrity of the judicial system.
Exceptions to the Fourth Amendment Warrant Requirement
While the Fourth Amendment generally requires law enforcement to obtain a warrant before conducting a search, there are notable exceptions where they can search without one:
- Consent: If you give police permission to search your home or vehicle, they don’t need a warrant. However, you should always be cautious when granting consent, as it can lead to unintended consequences. It’s always recommended to speak with a knowledgeable criminal defense attorney before granting consent.
- Plain View Doctrine: If police are on public property or lawfully present in a location and see evidence of a crime in plain sight, they can seize it without a warrant. For example, if they’re at your door investigating a disturbance and see illegal items through the window, they can act on that.
- Search Incident to Arrest: When someone is arrested, police can conduct a search of their immediate surroundings without a warrant to ensure their safety and prevent destruction of evidence. This includes searching the person and the area within their immediate control.
- Exigent Circumstances: In emergency situations where there is a risk of harm to officers or the public, or where evidence might be destroyed, police can conduct searches without a warrant. For example, if officers hear gunshots or see a person fleeing a crime scene, they may act quickly without a warrant.
Call Combs Waterkotte to Defend Your Fourth Amendment Rights
Our Missouri criminal defense lawyers are skilled at identifying potential Fourth Amendment violations of these rights and know how to challenge unlawfully obtained evidence. We meticulously analyze each case to determine whether law enforcement followed proper procedures during searches and seizures.
If you believe your rights have been violated, we can help build a strong defense strategy to suppress any illegally obtained evidence. We’re committed to protecting your rights and ensuring you receive a fair trial. Contact us online or call (314) 900-HELP for a free consultation to discuss your case and explore your options.
