Amendment Four: 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.
WHAT DOES THIS MEAN?
People, their houses, and their possessions cannot be searched or taken unfairly by the government. In order for officers of the government to search or take property or people, they need to have a warrant or very good reasons based on evidence. To obtain a warrant, the officer needs to clearly indicate the person or thing to be searched and what person or thing is to be taken into custody.
This right limits the power of the police and government to seize and search people, their properties, and their homes. The primary concern for those who drafted the Fourth Amendment was "general warrants" and "writs of assistance." In Britain, a general warrant allowed the king to send officials to search and seize property without reason.
In the colonies, the British used the writs of assistance—like general warrants, but often unbounded by time restraints—to search for goods on which taxes had not been paid. James Otis challenged the writs in a Boston court. Although he lost, some people, such as John Adams, attribute this legal battle as the spark that led to the Revolution. Both controversies led to the famous notion that a person’s home is their castle, not easily invaded by the government.
Today, it is illegal for officials to search or seize personal property without a warrant. A policeman cannot just pull a person over and search a person or their car without a warrant to do so.
