The Fourth Amendment of the US

Running Head: FOURTH AMENDMENT
FOURTH AMENDMENT
Name Of the Student
Name Of the University
Author’s Note

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FOURTH AMENDMENT
Table of Contents
INTRODUCTION:..........................................................................................................................1
HOMES:..........................................................................................................................................1
INDIVIDUAL PERSON:................................................................................................................1
PUBLIC SCHOOLS:.......................................................................................................................2
MOTOR VEHICLES:.....................................................................................................................2
CONCLUSION:..............................................................................................................................2
REFERENCE:.................................................................................................................................4

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INTRODUCTION:
The Fourth Amendment of the US Constitution constitutes the Part of Bill of Rights
prohibiting seizures and searches which are unreasonable in nature. It focuses on the issue of
warrants regarding the searches and seizures separately and the probable cause to conduct such
seizures and searches (Nardone vs. United States (1939) 308 US 338).
HOMES:
The Fourth Amendment explains that if any person is seized unreasonably including the
person’s home or any property of such person without an official warrant, then such an act of
seizure shall be deemed to be unlawful. Thus, it can be explained that the amendment protects
the people and their property against any seizure which may be unreasonable in nature including
the act of briefly detaining any person in their home or any other property. The rights prescribed
by the amendment limits the power of police to search and seize people, their home and their
property. In Maryland vs. Macon (1985) 472 US 463, it was held by the Court of Special
Appeals that the warrant is a basic requirement for conducting searches and also for seizing of
obscene materials leading to the distributor being arrested in concordance with the affirmation of
the freedom of speech and expression as guaranteed under the First Amendment of US
Constitution.
INDIVIDUAL PERSON:
The amendment specific that any act of seizure or search shall be lawful only upon the issuance
of warrant. In United States vs. Robinson (1973) 414 US 218, it was held that custodial search

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conducted by lawful means would be deemed to be an exception to the requirements related to
warrants under the Fourth Amendment and also a reasonable and lawful search as explained
under the provisions of the Amendment.
PUBLIC SCHOOLS:
In New Jersey vs. TLO (1985) 469 US 325, it was held by the Supreme Court that the
searches conducted in the public schools have no particular requirement of issue of warrants
provided that the searches are conducted on reasonable grounds that the search would lead to the
discovery of any illegal activity. However, in Safford Unified School District vs. Redding (2009)
557 US 364, the strip search of a teenage student of middle school was held unlawful and
violation of amendment where the search was conducted only on the claim by other student to
have received drugs from her.
MOTOR VEHICLES:
The Supreme Court in Carroll vs. United States (1925) 267 US 132, has held that the
individuals in motor vehicles have less privacy and hence, are not much protected under the
Fourth Amendment of US Constitution. However, it can be explained that in Collins vs. Virginia
(2018) 584 US No. 16-1027, it was held by the court that the general rule shall be applicable to
all cases except those scenario where the vehicle is parked within the boundaries of residence’s
curtilage. Further, it has been held in Arizona vs. Grant (2019) 556 US 332 that however may
be the situation, a motor vehicle shall be searched after the arrest of the owner of such vehicle,
only after the issue of the warrant.

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CONCLUSION:
The provisions of Fourth Amendment is enforced through the use of exclusionary rule
which lays down the fact that the evidence received by unlawful searches shall not be admissible
in court of law. The rule is laid down to ensure the enforcement of constitutional guarantee to the
people regarding their privacy.

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REFERENCE:
Arizona vs. Grant (2019) 556 US 332
Carroll vs. United States (1925) 267 US 132
Collins vs. Virginia (2018) 584 US No. 16-1027
Maryland vs. Macon (1985) 472 US 463
Nardone vs. United States (1939) 308 US 338
New Jersey vs. TLO (1985) 469 US 325
Safford Unified School District vs. Redding (2009) 557 US 364
United States vs. Robinson (1973) 414 US 218