“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.”
4th Amendment to the U.S. Constitution
Reasonable vs. Unreasonable Searches & Seizures the 5 Must Have Elements of a Reasonable Search
The main point is that we are not free from ALL searches and seizures, only unlawful ones. ALL FIVE of the following elements are present for that search:
1. A Proper Warrant: The search and/or seizure is illegal if there is no warrant.
2. Based Upon Probable Cause: There must be probable cause that a law has been broken or violated.
3. Supported By An Oath Before A Common Law Court: The warrant must have been issued by a common law court.
4. Particularly Describing The Place To Be Searched: If there is no description then they can search anything. No limits. This is why you never consent (see below)
5. The Persons Or Things To Be Seized: Again same here. If there is no description or if you give consent then all bets are off. They can seize anything. Never give consent.
THERE ARE NO OTHER EXCEPTIONS TO YOUR RIGHT TO PROPERTY WITHIN THE 4th AMENDMENT. ALL searches and seizures that do not have all Five elements present are in violation of the 4th Amendment and therefore in violation of your constitutionally recognized right to be secure in your persons and property.
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