Which amendment protects against unreasonable searches and seizures?

• A. Fifth Amendment
• B. Fourth Amendment
• C. Sixth Amendment
• D. Eighth Amendment

Answer: (B)

The right against unreasonable searches and seizures is about privacy and limits on government power. The Fourth Amendment says such intrusions must be reasonable, which usually means police need probable cause and a search warrant to search a person’s home or other private spaces. A warrant must be issued by a judge and describe with particularity what will be searched and what will be seized. There are important exceptions to this requirement, including voluntary consent, exigent circumstances, searches incident to a lawful arrest, plain view discoveries, and certain vehicle searches where probable cause applies. The protection also extends to the states through incorporation, so state and local police are bound by the same rule. When the government acts unlawfully, evidence obtained in violation is typically excluded from use in court (the exclusionary rule) to deter improper searches.