The First Ten Amendments are The Bill of Rights

The Bill of Rights were drawn up and incorporated into the constitution in 1791, but those ten amendments have changed over the years due to Supreme Court rulings. The fourth amendment which was specifically designed to protect citizens from an unlawful search is a great deal different now since various rules have been added by the Supreme Court.

Most lawyers say that the exclusionary rule applied in 1914 during the federal Weeks vs. United States case was a monumental change in the fourth amendment. The exclusionary rule at that time stated that any evidence introduced in court proceedings that was acquired unlawfully could not be admitted in federal court. The issue most attorneys had with the rule was it only applied to federal cases. Evidence acquired through unlawful searches could still be used in other courts.

In 1961 the Mapp vs. Ohio case changed the exclusionary rule so it applied to all court cases. The modern day fourth amendment now protects citizens from unwarranted invasions of privacy by police and government officials. A police officer must have the citizen's consent or a search warrant issued by a judge before a search of a home or property begins and the search can only be conducted within the area mentioned in the warrant.

Any evidence obtained in the search that does not meet those guidelines is inadmissible in court. The exclusionary rule also states that an attorney must be present during official interviews or the information obtained during those interviews is inadmissible in court.

Elements That Determine Whether a Search is Illegal

There are several elements that determine whether a search is illegal. The first element is government conduct. The search must be performed by a police officer or another government official in order for it to be illegal. The second element is the expectation of privacy in the area searched. A home that is rented or owned has a degree of privacy attached to it, but a public search for evidence may be a legal search since there is no reasonable expectation of privacy.

The third element is a valid search warrant which shows probable cause that evidence will be found in the area mentioned, plus the specific item in question must be mentioned in the warrant. If the warrant does not meet those requirements it is not valid and the search is considered an unlawful search.