Amendment IV

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.

Read it in contextAmendment.4.15 Congress · 13 cases

Debates in Congress

quoted bySuggested
House, August 17, 1789, ¶ 42
…of the people to be secured in their persons, houses, papers, and effects, shall not be violated by warrants issuing without probable cause, supported by oath or affirmation, and not particularly describing the place to be searched, and the persons or things to be seized."
The paragraph gives the words of the committee's proposal, and its words "particularly describing the place to be searched, and the persons or things to be seized" appear in the Fourth Amendment.
quoted bySuggested
House, August 17, 1789, ¶ 43
Gerrv said he presumed there was a mistake in the wording of this clause; it ought to be ** the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable seizures-and searches," and therefore moved that amendment
The paragraph gives the words of Mr. Gerry's motion, and its words "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable" appear in the Fourth Amendment.
quoted bySuggested
House, June 8, 1789, ¶ 36
The rights of the people to be secured in their persons; their houses, their papers, and their other property, from all unreasonable searches and seizures, shall not be violated by warrants issued without probable cause, supported by oath or affirmation, or not particularly describe ing the places to be searched, or the persons or things to be seized.
The paragraph gives the words of Mr. Madison's proposals, and its words "unreasonable searches and seizures, shall not be violated" appear in the Fourth Amendment.
cited bySuggested
House, January 7, 1865, ¶ 69
Itshows that in the same way you may by an amendment to the Constitution declare the right of trial by jury abolished; that the right of freedom from unreasonable searches shall no longer remain; and thatthatarticle which declares that no man shall be deprived of his life, liberty, and property without due process of law, may also be taken away.
The paragraph names "the right of freedom from unreasonable searches" as one that an amendment might take away; only the Fourth Amendment fits.
cited bySuggested
Senate, May 23, 1866, ¶ 20
…all the people; the right to keep and to bear arms; the right to be exempted from the quartering of soldiers in a house without the consent of the owner; the right to be exempt from unreasonable seai ches and seizures, and from any search or seizure except by virtue of a warrant issued upon a formal oath or affidavit; the right of an accused person to be informed of the nature of the accusation against him, and his right to be tried…
Among the rights it says are "secured by the first eight amendments of the Constitution," the paragraph names the right to be exempt from unreasonable searches and seizures and from search except by warrant ("seai ches" is an OCR misreading).

The Supreme Court

Cases whose essays in the Constitution Annotated cite them under this clause, oldest first. Each link names the pages it comes from.

interpreted bySuggested
Weeks v. United States (1914)232 U.S. 383, decided February 24, 1914
The Constitution Annotated's essays on this provision cite the case on 6 pages.
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays Amdt4.3, Amdt4.3.1, Amdt4.6.4, Amdt4.6.4.1, Amdt4.7.2, pp. 1611, 1647, 1676, 1677, 1678, 1679.
interpreted bySuggestedOverruled
Gouled v. United States (1921)255 U.S. 298, decided February 28, 1921
The Constitution Annotated's essays on this provision cite the case on 4 pages.
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays Amdt4.3, Amdt4.3.1, Amdt4.3.2, Amdt4.3.6.2, Amdt4.3.6.3, Amdt4.7.2, pp. 1611, 1615, 1628, 1679.
interpreted bySuggestedOverruled
Olmstead v. United States (1928)277 U.S. 438, decided June 4, 1928
The Constitution Annotated's essays on this provision cite the case on 3 pages.
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays Amdt4.3.1, Amdt4.3.2, pp. 1613, 1615, 1616.
interpreted bySuggestedOverruled
Goldman v. United States (1942)316 U.S. 129, decided April 27, 1942
The Constitution Annotated's essays on this provision cite the case on 2 pages.
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays Amdt4.3.2, pp. 1615, 1616.
interpreted bySuggested
Johnson v. United States (1948)333 U.S. 10, decided February 2, 1948
The Constitution Annotated's essays on this provision cite the case on 6 pages.
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays Amdt4.5.2, Amdt4.5.3, Amdt4.6, Amdt4.6.1, Amdt4.6.2, Amdt4.6.3, Amdt4.6.5, Amdt4.6.5.1, Amdt4.6.5.2, Amdt4.6.6, Amdt4.6.6.1, pp. 1638, 1643, 1644, 1646, 1657, 1662.
interpreted bySuggestedOverruled
Wolf v. Colorado (1949)338 U.S. 25, decided June 27, 1949
The Constitution Annotated's essays on this provision cite the case on 3 pages.
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays Amdt4.3.2, Amdt4.7.2, pp. 1616, 1677, 1679.
interpreted bySuggestedOverruled
Jones v. United States (1960)362 U.S. 257, decided March 28, 1960
The Constitution Annotated's essays on this provision cite the case on 5 pages.
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays Amdt4.3.2, Amdt4.4.1, Amdt4.5.2, Amdt4.5.3, Amdt4.5.4, Amdt4.7.2, Amdt4.7.3, pp. 1615, 1634, 1638, 1639, 1684.
interpreted bySuggested
Mapp v. Ohio (1961)367 U.S. 643, decided June 19, 1961
The Constitution Annotated's essays on this provision cite the case on 4 pages.
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays Amdt4.7.2, pp. 1676, 1678, 1679, 1680.
interpreted bySuggested
Warden v. Hayden (1967)387 U.S. 294, decided May 29, 1967
The Constitution Annotated's essays on this provision cite the case on 9 pages.
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays Amdt4.3, Amdt4.3.1, Amdt4.3.2, Amdt4.3.3, Amdt4.3.6.2, Amdt4.3.6.3, Amdt4.5.4, Amdt4.5.5, Amdt4.6.3, pp. 1611, 1612, 1613, 1615, 1617, 1628, 1629, 1640, 1646.
interpreted bySuggested
Katz v. United States (1967)389 U.S. 347, decided December 18, 1967
The Constitution Annotated's essays on this provision cite the case on 9 pages.
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays Amdt4.3.1, Amdt4.3.3, Amdt4.3.5, Amdt4.3.6, Amdt4.3.6.1, Amdt4.5.2, Amdt4.5.3, Amdt4.6, Amdt4.6.1, Amdt4.6.2, Amdt4.6.6.5, pp. 1612, 1613, 1617, 1618, 1619, 1622, 1638, 1643, 1669.
interpreted bySuggested
Terry v. Ohio (1968)392 U.S. 1, decided June 10, 1968
The Constitution Annotated's essays on this provision cite the case on 10 pages.
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays Amdt4.3.1, Amdt4.3.3, Amdt4.3.7, Amdt4.6, Amdt4.6.1, Amdt4.6.2, Amdt4.6.4, Amdt4.6.4.1, Amdt4.6.5, Amdt4.6.5.1, pp. 1612, 1613, 1618, 1619, 1631, 1643, 1647, 1657, 1658, 1659.
interpreted bySuggested
Coolidge v. New Hampshire (1971)403 U.S. 443, decided June 21, 1971
The Constitution Annotated's essays on this provision cite the case on 12 pages.
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays Amdt4.3.1, Amdt4.5, Amdt4.5.1, Amdt4.5.2, Amdt4.5.3, Amdt4.5.4, Amdt4.6, Amdt4.6.1, Amdt4.6.2, Amdt4.6.4.1, Amdt4.6.4.2, Amdt4.6.4.3, Amdt4.6.4.4, Amdt4.7.2, pp. 1612, 1637, 1638, 1639, 1643, 1650, 1652, 1656, 1676, 1678, 1679, 1680.
interpreted bySuggested
United States v. Salvucci (1980)448 U.S. 83, decided June 25, 1980
The Constitution Annotated's essays on this provision cite the case on 2 pages.
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays Amdt4.3.3, Amdt4.7.2, pp. 1618, 1681.

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