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What basic right does the fourth amendment protect?

police pulling over red car lights in background The Fourth Amendment protects us from government or law-enforcement offcials searching our homes or taking our possessions whenever they feel like it. It requires that there be “probable cause” before such a search can take place; a very strong suspicion, backed up by evidence. This amendment protects us from being arrested unfairly (without probable cause) and from being spied on by the government in our homes or even in a motel room (by wiretapping, for example), unless authorities have a reasonable suspicion that something illegal is going on.

There is a saying that “a man’s home is his castle,” which implies that a person’s home is a fortress in which he or she can be safe, where the outside world cannot penetrate without permission. In order to prevent general searches and seizures in homes and neighborhoods, the Fourth Amendment includes a requirement that searches and seizures can occur only after a search warrant has been issued by a judge. There are some circumstances in which a search and seizure is considered reasonable, and in this case, a warrant is not required.