In the United States of America, everyone has the right not to have their goods or personal materials searched or seized without probable cause. Did you know that this is a violation of your fourth amendment rights? The fourth amendment is considered very valuable to our liberty, and its primary purpose is to protect people’s rights and privacy. Hence the reason we will answering the question: what is the fourth amendment?
What is the Fourth Amendment?
The fourth amendment of the United States prohibits the government from engaging in unreasonable searches or seizures of property. The police can’t search your property without reasonable cause; the search or seizure must be valid for it to be constitutional.
For the search or seizure to be reasonable, a warrant or exception has to be applied. In many situations, the government needs a warrant to conduct a seizure or a search. A warrant is a legal document that a judge issues to authorize this power.
How the Fourth Amendment Protects Your Rights
This amendment is considered crucial to all Americans’ liberty, and the fourth amendment’s primary purpose is to protect everybody’s rights, freedom, and privacy from unreasonable invasions by the government. However, if you don’t have any illegal stuff at your residence or on your property, the police have no right to search without probable cause or a warrant.
If you think that the fourth amendment does guarantee protection from all searches and seizures, you’re wrong! It doesn’t sometimes. It only protects those done by the government that’s deemed unreasonable under the law. Whether a particular search warrant is considered reasonable in the eyes of the law, that is determined by weighing two vital interests, like the intrusion on the person’s fourth amendment rights and government interests that involve public safety.
Persons can experience four types of searches, they are:
- Their car
- Their house
- At a school
- A person
Before a police officer searches your vehicle, they would need your consent to do so; however, if there is probable cause, there would be no reason to do so.
The History of the 4th Amendment
The history of the fourth amendment comes a long way. As we mentioned before, this amendment prevents the government from illegally searching or taking someone’s property. For this to be lawfully done, a warrant has to be issued.
James Madison introduced the fourth amendment in congress in 1789; it was passed together with nine other amendments and became known as the bill of rights in 1791. The concern was that the national government would have gained excessive power and oppressed citizens without written rights.
The British authorities would abuse their power and grab hold of colonist goods and property during that period. This is why the fourth amendment was created to prevent a new government from doing the same.
The fourth amendment reads, “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.”
How to Protect Yourself and Your Family from Government Surveillance
There are many ways you can protect yourself and your family from government surveillance. Let’s take a look at some ways you can do so:
- You can place a sticker over your cameras such as phones, computers, and so on.
- Get your family to download apps where you can make encrypted calls and encrypted text messages.
- Get a password manager and set up two-factor authentication.
Tips for Protecting your Privacy in a Digital World
Wherever we go, privacy protection is very important, and in a digital world, we are very exposed. Here are a few tips for protecting your privacy in our evolving digital world.
- Don’t use the same password everywhere.
- Always use two-step verification on your bank’s systems, social media, etc.
- Always update your software on your computer, devices, etc. You should also update your third-party applications.
- You can be very exposed on social media and be very cautious with the amount of information you post.
- Know when to share your personal information because attackers can use this to get access to your data like your credit card numbers, social security numbers, etc.