The 4th Amendment protects your right to privacy by prohibiting unreasonable searches and seizures. While this amendment was originally written to protect the privacy of our property, it has been expanded to protect our persons.
The authors of the Constitution wrote this amendment to prevent the oppressive means of governing that many among them experienced under the British enforcement of the Stamp Act, which allowed soldiers to search wherever they wanted and seize whatever they found.
In Your Home
If the police are at your door, you can reduce risk to yourself by staying calm and remembering your rights. You do not have to invite the police into your home. Instead, talk with the officers at your door and ask them why they’re there. The police cannot come into your home without your permission unless they have an authorized warrant to search the premises. If the officers have a warrant, observe their search and take note of any items that are seized. Can I videotape their search? Can they require me to exit the premises or confine me to one room or couch or…? Don’t forget, you can still exercise the 5th Amendment (Rights of Persons) and remain silent, even when the police are executing a warrant.
On Your Person
The police may ask for permission to conduct a search of you or your belongings. The 4th Amendment (Search and Seizures) gives you the right to deny a search—if you choose to invoke this right, say so quickly and clearly. However, if the officer suspects that you may be involved in a crime or that you may have evidence of a crime on your person, they can conduct a search without a warrant. To protect yourself later, remind the officer that you do not consent to a search. If drugs or weapons are found during the search, the police may confiscate them.
In Your Vehicle
The police may ask for permission to conduct a search of you or your vehicle. The 4th Amendment (Search and Seizures) gives you the right to deny a search—if you choose to invoke this right, say so quickly and clearly. However, if the officer suspects that you may be involved in a crime or that you may have evidence of a crime in your car, they can conduct a search without a warrant. To protect yourself later, remind the officer that you (and your passengers) do not consent to a search. If drugs or weapons are found during the search, the police may confiscate them.
Questions & Answers
As the owner of my house, do I have to allow law enforcement to search my house?
- Not unless they have a warrant, are in hot pursuit of dangerous fleeing felon, or other exigent circumstances exist.
If one of my friends is visiting my home while on probation or parole, can law enforcement search my house?
- Yes, but generally only the common area where your friend was located.
Are the police allowed inside my house without a warrant?
- Yes, they are always allowed inside your house if they present a warrant.