Part 1: Legal and Societal Limits
to Police Power in Early America
(1600s–1800s)
FOURTH AMENDMENT
The Fourth Amendment is one of the most cited components of the Bill of Rights
with regard to police powers and the rights of privacy to U.S. citizens. The right to
be free from unreasonable searches and seizures is a foundation of American iden-
tity. The legal system has worked to find a balance between the right to privacy and
the government’s responsibility to protect the country. As law enforcement officers
seek to obtain evidence to stop crime, this amendment has been used to prevent
excessive use of search and seizure in this endeavor. This balance has been difficult
to obtain and is an ever-present challenge as political, social, and terrorist activities
continue to impact the United States.
The Fourth Amendment was included in the Bill of Rights to prevent “writs of
assistance” from being used by government authorities. A writ is a court order, and
a writ of assistance is an order issued by a court for law enforcement (i.e., police)
to perform a certain task. Theses writs allowed the authorities to enter and search
any house to seize property identified as being “prohibited or uncustomed.” The
writs were in effect from the time they were issued until six months after the life of
the current sovereign in England. The colonists were greatly opposed to the searches
and seizures associated with these writs. The Fourth Amendment established lan-
guage that identified “reasonable” searches, which would be limited with regard to
the area or person being searched, the timeframe for the search, and other proce-
dure protections. The Fourth Amendment also indicated that there must be prob-
able cause for a search to be conducted. The wording of the amendment clearly
established the principles needed to limit the power of the police and other gov-
ernment officials and protect the rights of American citizens:
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. (National
Archives)
Due to the wording of the Fourth Amendment, in most situations the police must
have approval from a judicial representative to obtain a warrant. Exceptions to the
