The Fourth Amendment to the federal Constitution gives people a right to be secure in their homes from unreasonable government searches. The question of what is unreasonable is the subject of many books and ongoing argument. However, it is clear that the police cannot search a person’s home without a warrant.
A warrant is a piece of paper signed by a judge that describes the place to be searched and the people or things that can be seized. A judge makes a decision to sign a warrant after hearing from someone, usually a police officer, sufficient reasons why the warrant should be issued. The judge must be convinced that there is probable cause to believe that the warrant should be issued. There are many exceptions to this general rule.
The rules surrounding searches and seizure may also apply to cars, offices, and individuals walking down a street. However, once a person is not in their home, the expectation of privacy is diminished and police are permitted to do more things; that is, the rules protecting the individual are relaxed. There are numerous exceptions to the general rule protecting people from unreasonable searches when a person is not in their home.
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