The Fourth Amendment to the United States [[Constitution]] is a crucial part of the Bill of Rights and was adopted in response to the abuse of the writ of assistance, a type of general search warrant issued by the British government during the Colonial era. The amendment was introduced to Congress in 1789 by [[James Madison]], along with the other amendments in the Bill of Rights, and was ratified by the states on December 15, 1791.
The full text of the Fourth Amendment reads as follows:
"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."
The Fourth Amendment serves two main purposes. First, it recognizes a right to privacy that people have in their persons, homes, and belongings. Second, it protects against arbitrary arrests.
# Probable cause
The amendment establishes that for a search to be considered reasonable, it generally must be backed by a search warrant issued by a judge and based on probable cause. "Probable cause" means that there must be a reasonable basis for believing that a crime may have been committed, and the warrant must describe in detail the persons or places to be searched or seized.
However, over the years, courts have established numerous exceptions to the warrant requirement, such as consent to search, search incident to lawful arrest, the automobile exception, exigent circumstances, and the plain view doctrine, among others.
The Fourth Amendment's protections apply in criminal prosecutions and in civil cases and administrative proceedings where the government seeks to use evidence obtained through a search or seizure. Its interpretation has been at the heart of many significant court cases and continues to be a critical aspect of discussions surrounding privacy, law enforcement, and technology in the modern era.
See also: [[13th Amendment]], [[Congress]]