The Fourth Amendment of the United States Constitution gives citizens the right to privacy. Specifically, it grants people the right to be secure in their “persons, houses, papers, and effects” against unlawful searches. Officers must have a warrant to search property – including homes, cars, boats, offices, or bank account records – unless they have probable cause. A warrant is issued by a judge if law enforcement presents sufficient reasons to indicate that a person was involved in a crime. Search warrants are specific to the items or evidence sought by the police and does not give the officers the right to confiscate just anything in a person’s home. They can, however, confiscate other evidence of a crime if they find it during the search, even if it is not specified on the warrant. In some cases, officers can justify a search without a warrant under extreme circumstances. An example would be a search or arrest to protect the public that needs to be executed before a warrant can be granted.
The Fourth Amendment does not apply to situations where a person does not have a legitimate expectation of privacy. For example, police officers who see illegal drugs on the front seat of a person’s car may seize it without a warrant; an open seat is not considered private. This is called the plain view doctrine. If a person consents to a search, they have voluntarily given up their right to privacy.
If evidence is seized without proper procedure, the court may find it inadmissible under the exclusionary rule and it will not be used against the defendant in court.
If a person is arrested, they have the right to remain silent. The police may not question the suspect without reading their Miranda rights. Even if they extract a confession from a suspect, if the rights were not explained, the confession is not valid. Suspects also have the right to an attorney.
A suspect in the custody of the police can be forced to give bodily samples, such as blood, urine, hair, or DNA. This issue is not considered a violation of privacy.
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