By knowing the Fourth Amendment to the Bill of Rights, you can learn to protect yourself and your property from unfair search and seizure. 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.

This protects us from unreasonable investigations and detainment by the police or government officials. According to it, officers must have either probable cause or reasonable suspicion that something illegal will be found upon issuance of a warrant.

Probable cause and reasonable suspicion by nature add to the ambiguity of the Fourth Amendment, which is unclear on its own. Probable cause requires circumstances showing fair probability that a specific person or thing sought will be at a specific place, or that there is fair probability a specific person has committed a specific crime. In other words, it must be more likely than not that something illegal has or is occurring. The reasonable suspicion clause requires a specific fact be present that could give rise to reasonable belief of criminal wrongdoing. For example, if an anonymous phone call is made to police that something illegal is going on, officers can then obtain a search warrant. Or, if an officer pulls you over, sees that your eyes are red and smells a "pot-like" scent, he or she then has the right to search you for contraband.

I think it is critical at this point to give some examples of things that are not searches. If something is sensibly detectable (i.e. can be heard, seen or smelt) by anyone, it is not considered a search. According to Wisconsin state law, a dog sniff is not a search, because the dog is using its senses. If a dog alerts an officer to something, the officer then has the right to searching you; it has become probable cause that something illegal is present. Discarded garbage is another thing that is legal to search, because once you abandon or discard anything it becomes public property. What should be the most obvious is that when one gives their consent to being searched, the officer then has your permission to search without a warrant.

Warrants are issued by judges once officers prove that they have probable cause to suspect illegal activities. There are some exceptions to when warrants are needed. Exigent circumstances--situations where swift action is required to prevent danger or destruction of evidence--do not require warrants. Another exception is police can search the surrounding area following an arrest. This is mostly for the safety of the officer and to protect the destruction of evidence. Remember though, arrests require probable cause on behalf of the officer. If something illegal is in plain view, officers obviously do not need a warrant; they can confiscate anything illegal they can see.

Automobile searches, be it a car, boat, plane, or other vehicle, do not require a search warrant, only probable cause. A warrant is however needed if the automobile in question is stationary on your property, like a parked car in your driveway. However, officers do not need a warrant if the automobile is in an impound lot; searching an automobile is then called an inventory search, done to take an inventory and to protect a persons property. Finally, search warrants are not needed at security checks like boarder crossings, airport checkpoints, and private security checks. With the exception of the last example, if you do encounter an officer, don't try to figure out if they can legally search you; assume that he or she doesn't have the right. Saying no is not an admission of guilt.

In order to stop someone, an officer needs reasonable suspicion of illegal activity. During pedestrian stops, an officer has the right to conduct a pat down, the brief search for weapons on a person. The officer however doesn't have the right to manipulate your clothing to determine what an object is, unless he suspects it to be a weapon. Traffic stops however do require an officer to have either reasonable suspicion or probable cause. Officers can issue tickets or make arrests during a traffic stop, but only for the reason of the stop alone. An officer cannot inquire about anything other than what the initial stop was for, unless they have reasonable suspicion that another crime is going on.

The reason for the majority of arrests is the consent of the person in question. By saying that an officer can look in your car, or enter your home, you have consented to a search and given up your rights. Upon consenting to a search of your car, an officer also gains the right to searching your car and any containers found in the car, such as coolers, backpacks, or lock boxes. You must realize that police will not tell you your rights. They won't mention that you don't need to let them search; if they did they would lessen their control of the situation.

One of the most important things a person can do in dealing with an officer is to be respectful. Remember most police officers are hardworking people, trying to protect you and others from harm. Be respectful; don't give police a reason to believe that you are suspect or covering something up. Ask the officer questions nicely, don't be rude. Ask things like, "Can I go now?... Am I being detained?... Am I under arrest?" Finally, follow the directions that an officer gives you. But don't forget your rights.

In conclusion I offer this disclaimer: This article was written to provide information and opinions solely on the information covered. This is in NO way legal advice and should NOT replace actual legal services. Many situations are fact dependant, each case will be different. In other words, if you have particular questions ask your lawyer!