Fourth Amendment

The Fourth Amendment (Amendment IV) to the United States Constitution is the part of the Bill of Rights that prohibits unreasonable searches and seizures and requires any warrant to be judicially sanctioned and supported by probable cause. It was adopted in response to the abuse of the writ of assistance, a type of general search warrant issued by the British government and a major source of tension in pre-Revolutionary America. The Fourth Amendment was introduced in Congress in 1789 by James Madison, along with the other amendments in the Bill of Rights, in response to Anti-Federalist objections to the new Constitution. Congress submitted the amendment to the states on September 28, 1789.
Posts about Fourth Amendment
  • What You Need to Know About “No Refusal” This Labor Day

    …” is – don’t drive while intoxicated. Don’t drink and drive. Don’t take any controlled substance or illegal substance and get behind the wheel this Labor Day weekend. More states are choosing to enact no refusal DWI enforcement policies, so it’s essential for motorists to learn how the law views those who just say no to a police officer’s request to submit…

    The Law Office of Matthew D. Sharp- 16 readers -
  • School District Prevails In Major First Amendment Jury Trial

    … judgment stage, including claims under the Americans with Disabilities Act, Fourth Amendment, and the IDEA, the U.S. District Court for the District of Maine held a four-day jury trial on the remaining First Amendment question. The jury returned a verdict in favor of SAD 75, which was represented at trial by Partners Daniel A. Nuzzi and Nathaniel…

    David Swetnam Burland/ Brann & Isaacson- 12 readers -
  • What to Do If You Are Pulled Over by Police

    …. This means that a police officer, in the course of a routine traffic stop, cannot simply search your car without your consent. However, if the officer has “probable cause” to suspect you have committed a crime, such a DWI or possession of illegal drugs, both you and your vehicle may be subject to a search. Keep in mind there are exceptions…

    Tad Nelson & Associates- 12 readers -
  • Boating While Intoxicated in Galveston

    … Intoxicated”? The Texas Penal Code defines the offense of boating while intoxicated as “operating a watercraft” while meeting the same legal standard for intoxication as DUI or DWI. In this context, a watercraft includes any “vessel, one or more water skis, an aquaplane, or another device used for transporting or carrying a person on water…

    Tad Nelson & Associates- 27 readers -
  • The Sobriety Checkpoint Debate in Texas

    … to a 1994 decision by the Texas Court of Criminal Appeals. The Arlington, Texas, police department conducted a DUI checkpoint in May 1991 pursuant to guidelines approved by local officials. A woman detained and arrested at this checkpoint later argued this violated her Fourth Amendment rights under the United States Constitution to be free from…

    Tad Nelson & Associates- 15 readers -
  • A Brief Overview of Constitutional Litigation

    … a constitutional right. For example, searching a house without a search warrant and no consent would generally be considered a violation of the Fourth Amendment (although, as with everything, there are some exceptions). However, searches of cell phones have recently been before the courts, to determine whether the search of a cell phone during an otherwise legal…

    Prince Law Offices, P.C.- 8 readers -
  • Williams v. State – Where Do We Go From Here?

    …, the Georgia Supreme Court held that a trial court must determine whether a police officer’s request for a blood and/or breath sample from a driver who has been arrested for DUI complies with the protections afforded by the Fourth Amendment. In Williams, the Supreme Court distinguished between “implied consent” under OCGA § 40-5-55 and “actual consent…

    Erin H. Gerstenzang- 54 readers -
  • The Sobriety Checkpoint Debate

    … Administration. Texas also banned these checkpoints because they raise Fourth Amendment concerns. The Fourth Amendment protects us from unreasonable searches and seizures and many argue a checkpoint subjects a person to a seizure without any reasonable suspicion that an offense occurred. Courts typically consider three main factors when determining…

    Tad Nelson/ Tad Nelson & Associates- 22 readers -
  • Hands Up, Don't Spray: Peterson v. Kopp

    … are shielded from liability by qualified immunity unless their official conduct violates a clearly established constitutional or statutory right. Peterson first argued that his Fourth Amendment right to be from unreasonable seizures was violated when Kopp arrested him without probable cause. The phrase "probable cause" may ring a bell--it is the same level…

    Court Breakdown- 5 readers -
  • Civil Rights Violations in Ferguson and Austin

    …, because he had a right to peaceably assemble in the McDonald’s. His 4th Amendment rights, because he was arrested without probable cause. The Fourth Amendment provides that “[t]he 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…

    Bill Mange/ Austin Criminal Defense Lawyer- 32 readers -
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