“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.”
(Fourth Amendment - Constitution of the United States)
Fourth Amendment Cases
Citation: 232 U.S. 383 (1914)
Court: U.S. Supreme Court
The Court held a warrantless search & seizure of items from a private residence is a 4th Amendment Violation.
Citation: 371 U.S. 471 (1963)
Court: U.S. Supreme Court
The Court established evidence obtained as a result of an illegal search is inadmissible under the Fruit of the Poisonous Tree.
Citation: 461 F.2d 1026 (1972)
Court: U.S. Court of Appeals
The Court found if police had reasonable suspicion to believe evidence was being destroyed, exigent circumstances exist.
Citation: 440 U.S. 648 (1979)
Court: U.S. Supreme Court
The Court ruled travelers have privacy interests; police require a standard of evidence to stop & search (no spot checks).
Citation: 462 U.S. 213 (1983)
Court: U.S. Supreme Court
The Court ruled that the Totality of the Circumstances Test should be applied when determining probable cause.
Citation: 466 U.S. 170 (1984)
Court: U.S. Supreme Court
The Court ruled that there is no reasonable expectation to privacy in open fields, just in the curtilage.
Citation: 480 U.S. 79 (1987)
Court: U.S. Supreme Court
The Court ruled officers acting under reasonable belief a warrant is valid are protected under Good Faith Exception.
Citation: 479 U.S. 177 (1990)
Court: U.S. Supreme Court
The Court ruled a search was not unreasonable when a third party officers believed had standing provided consent to search.
Citation: 518 U.S. 938 (1996)
Court: U.S. Supreme Court
The Court reaffirmed that motor vehicle searches are exceptions to the warrant requirement and do not require exigency.
Citation: 526 U.S. 295 (1999)
Court: U.S. Supreme Court
The Court held that if probable cause exists to search a vehicle, it also exists for any subsequent search of vehicle contents.
Citation: 531 U.S. 326 (2001)
Court: U.S. Supreme Court
The Court upheld that police can temporarily detain individuals from entering a location while waiting to obtain a warrant.
Citation: 547 U.S. 103 (2006)
Court: U.S. Supreme Court
The Court ruled that when police are given consent by one party but denied by another (both with standing), there is no consent.
Citation: 555 U.S. 135 (2009)
Court: U.S. Supreme Court
The Court upheld evidence obtained during a search after a faulty warrant was admissible due to administrative error, not police misconduct.
Citation: 569 U.S. 1 (2013)
Court: U.S. Supreme Court
The Court ruled that the police violated the 4th Amendment by using a K9 to conduct a warrantless sniff of a front porch.
Citation: 256 U.S. 465 (1921)
Court: U.S. Supreme Court
The Court held that police use of evidence that was initially seized by an independent source and given to police is not a violation.
Citation: 392 U.S. 1 (1968)
Court: U.S. Supreme Court
The Court distinguished a frisk from a search and established the Reasonable Suspicion standard.
Citation: 414 U.S. 218 (1973)
Court: U.S. Supreme Court
The Court established the difference between a frisk that may lead to contraband & a search incident to arrest.
Citation: 445 U.S. 573 (1980)
Court: U.S. Supreme Court
The Court ruled the 4th Amendment prohibits police from making warrantless entry into a home to make a felony arrest.
Citation: 460 U.S. 730 (1983)
Court: U.S. Supreme Court
The Court found that the Plain View Exception under the 4th Amendment does allow for warrantless seizure of evidence.
Citation: 471 U.S. 386 (1985)
Court: U.S. Supreme Court
The Court established distinguishing a motor vehicle as a residence vs. falling under the motor vehicle exception.
Citation: 480 U.S. 321 (1987)
Court: U.S. Supreme Court
The Court established that the Plain View Exception requires probable cause, not reasonable suspicion.
Citation: 500 U.S. 248 (1991)
Court: U.S. Supreme Court
The Court held that consent for a motor vehicle search extends to any/all containers within the vehicle.
Citation: 104 F.3d 272 (1996)
Court: U.S. Court of Appeals
The Circuit Court determined that, although not included in a search warrant, a search of the curtilage was not a violation.
Citation: 527 U.S. 465 (1999)
Court: U.S. Supreme Court
The Court reaffirmed the Motor Vehicle Exception, that if probable cause exists, a vehicle can be searched without a warrant
Citation: 540 U.S. 366 (2003)
Court: U.S. Supreme Court
The Court ruled on a case involving drugs found in a multiple-occupant vehicle and arrests for possession.
Citation: 547 U.S. 586 (2006)
Court: U.S. Supreme Court
The Court upheld evidence obtained after a search that violated the knock-and-announce rule to warrants.
Citation: 555 U.S. 323 (2009)
Court: U.S. Supreme Court
The Court ruled that a lawful traffic stop entails the temporary seizure of the driver and any/all passengers, so is not a consensual encounter.
Citation: 571 U.S. (2014)
Court: U.S. Supreme Court
The Court ruled there was no violation when a defendant, who refused consent, was arrested and legally removed, with cohabitants providing consent.
Citation: 267 U.S. 132 (1925)
Court: U.S. Supreme Court
The Court established the motor vehicle exception to the search warrant requirement.
Citation: 395 U.S. 752 (1969)
Court: U.S. Supreme Court
The Court ruled an arrest occurring inside a residence does not mean police can search the residence without a warrant.
Citation: 437 U.S. 385 (1978)
Court: U.S. Supreme Court
The Court ruled there is no “Murder” or “Crime Scene” exception to the search warrant requirement.
Citation: 452 U.S. 692 (1981)
Court: U.S. Supreme Court
The Court upheld that law enforcement has limited authority to detain an individual during execution of a warrant.
Citation: 468 U.S. 897 (1984)
Court: U.S. Supreme Court
The Court determined there is a Good Faith Exception to the Exclusionary Rule; evidence obtained may be admissible.
Citation: 469 U.S. 478 (1985)
Court: U.S. Supreme Court
The Court established that a warrantless search of containers removed from a vehicle days after seizure is unreasonable.
Citation: 386 U.S. 35 (1988)
Court: U.S. Supreme Court
The Court ruled that there is no reasonable expectation to privacy for trash or garbage.
Citation: 500 U.S. 565 (1991)
Court: U.S. Supreme Court
The Court ruled the motor vehicle exception applied to containers within the vehicle and PC for a container extended to vehicle.
Citation: 519 U.S. 408 (1997)
Court: U.S. Supreme Court
The Court ruled it is not a 4th Amendment violation for passengers to be removed from a vehicle during a traffic stop.
Citation: 172 F.3d 1268 (1999)
Court: U.S. Court of Appeals
The Circuit Court upheld suppression of evidence after investigators opened multiple files on a legally seized computer without a warrant.
Citation: 540 U.S. 551 (2004)
Court: U.S. Supreme Court
The Court ruled that a search warrant signed by a judge that failed to include details of items seized was unreasonable.
Citation: 551 U.S. 249 (2007)
Court: U.S. Supreme Court
The Court ruled that during a traffic stop, the passenger as well as driver are seized, therefore 4th Amendment is in play.
Citation: 631 F.3d 266 (2010)
Court: U.S. Supreme Court
The Circuit Court held that the defendant’s 4th Amendment was violated after police demanded his ISP provide his emails without a warrant.
Citation: 573 U.S. (2014)
Court: U.S. Supreme Court
The Court upheld a warrantless search of a cell phone, during a search incident to lawful arrest, was a violation of the 4th Amendment.
Citation: 367 U.S. 643 (1961)
Court: U.S. Supreme Court
The Court held that the Exclusionary Rule applies to both state and federal proceedings.
Citation: 403 U.S. 443 (1971)
Court: U.S. Supreme Court
The Court ruled a search warrant invalid and any seized evidence inadmissible because signing magistrate was not neutral.
Citation: 443 U.S. 47 (1979)
Court: U.S. Supreme Court
The Court upheld reasonable suspicion required to Stop & ID; no probable cause for arrest just for refusal to provide an ID.
Citation: 456 U.S. 798 (1982)
Court: U.S. Supreme Court
The Court upheld a warrantless search of a vehicle trunk, establishing if PC exists to search a vehicle, it applies in entirety.
Citation: 469 U.S. 17 (1984)
Court: U.S. Supreme Court
The Court upheld Mincey v. Arizona; homicide scenes are not exempt from the 4th Amendment warrant requirement.
Citation: 480 U.S. 294 (1987)
Court: U.S. Supreme Court
The Court established 4 factors to assist in determining what constitutes curtilage and/or open fields.
Citation: 878 F.2d 967
Court: U.S. Court of Appeals
Circuit Court held the use of handcuffs during an investigative detention is not unreasonable, nor an arrest, if done for safety.
Citation: 508 U.S. 366 (1993)
Court: U.S. Supreme Court
The Court ruled that contraband felt during a frisk may be seized without a warrant.
Citation: 525 U.S. 113 (1998)
Court: U.S. Supreme Court
The Court established there is no “search incident to citation” exception and reaffirmed need for probable cause for a search.
Citation: 533 U.S. 27 (2001)
Court: U.S. Supreme Court
The Court upheld that use of infrared (FLIR) imaging of a home by police was a search under the 4th Amendment and requires a warrant.
Citation: 543 U.S. 405 (2005)
Court: U.S. Supreme Court
The Court ruled that the use of a drug-sniffing dog (K9) on a vehicle stop is not a 4th Amendment violation.
Citation: 540 U.S. 963 (2009)
Court: U.S. Supreme Court
The Court overturned prior decisions regarding searches incident to arrest on vehicle stops.
Citation: 565 U.S. 400 (2012)
Court: U.S. Supreme Court
The Court held that police placing a GPS tracker on the defendant’s vehicle without a warrant (while on street) was a violation of 4th Amendment.
Citation: 584 U.S. (2018)
Court: U.S. Supreme Court
The Court ruled that the motor vehicle exception does not allow for a warrantless entry onto a private property to search a vehicle.