What is the Fourth Amendment?
Q: What is the Fourth Amendment?
A: The Fourth Amendment to the United States Constitution prohibits unreasonable searches and seizures and requires any search warrant to be judicially sanctioned and supported by probable cause. It is part of the Bill of Rights.
Q: When was it adopted?
A: The Fourth Amendment was adopted on December 15, 1791 when Virginia ratified the amendments (including the fourth amendment). On March 1, 1792, Secretary of State Thomas Jefferson announced its adoption.
Q: Does it apply to states?
A: Initially, the Bill of Rights did not apply to states but this changed with Mapp v. Ohio in 1961 where it was held that its protections extend to states as well as individuals.
Q: What are some exceptions for law enforcement officers needing a warrant?
A: Exceptions for law enforcement officers needing a warrant include consent searches, motor vehicle searches, evidence in plain view, exigent circumstances, border searches and other situations.
Q: How is the Fourth Amendment enforced?
A: The exclusionary rule established in Weeks v. United States (1914) holds that evidence obtained through a Fourth Amendment violation is generally inadmissible at criminal trials. Evidence discovered as a later result of an illegal search may also be inadmissible as "fruit of the poisonous tree," unless it inevitably would have been discovered by legal means.
Q: Who proposed introducing this amendment into Congress?
A: James Madison proposed introducing this amendment into Congress along with other amendments in 1789 as part of the Bill of Rights in response to Anti-Federalist objections to the new Constitution.
