Your home is your castle—a place where you feel safe and comfortable. This is thanks in part to the Fourth Amendment, which protects you and your property against unreasonable search and seizure. This means the police can’t simply stroll onto the real estate you own and go through your belongings.

Why the Fourth Amendment Was Established

Like a lot of the material included by America’s Founding Fathers in the Bill of Rights, the Fourth Amendment was based on English laws of the time. Two major sources of inspiration for the safeguarding against illegal search and seizure were the 1763 case Wilkes v. Wood and the 1765 case Entick v. Carrington. 

In both, men handing out pamphlets critical of the king’s ministers were charged with “seditious libel.” The king’s agents authorized the raiding of the men’s real estate properties. Their houses were ransacked, and all their books and papers were taken. Wilkes and Entick sued for damages, claiming the searches were illegal. In both cases, they won. 

How to Protect Your Fourth Amendment Rights

Of course, in today’s modern America the reason for searching someone’s property won’t have anything to do with criticizing an English king. Nonetheless, the Fourth Amendment’s protection against illegal search of people’s real estate is essential. You should know how to exercise this right. 

The police can’t just search your property without a reason. They need to have a warrant to enter—and it must specify exactly what items they are looking for, plus where and when they can look for them. In short, they can’t just come in and tear your house apart in hopes of finding something.

If you feel that you have been the victim of unreasonable action by police and your Fourth Amendment right has been violated, consult a lawyer. They can assess your precise situation to see if you have a case worth pursuing.

Lane, Felix & Raisbeck CO, LPA has been serving Cincinnati, OH, and the surrounding areas with top-quality legal services for over 30 years. Thanks to their diverse team of experienced professionals, they can provide comprehensive services to address a variety of needs. Find out more about their practice areas, from wrongful death to probate and real estate law, online. For a consultation, call (513) 922-7700.