The Fourth Amendment
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.
The Constitution…
The foundation of our union was laid upon the principles of Natural Rights. Samuel Adams said, “Among the Natural
Rights of the colonists are these: First, a right to life; Secondly, to liberty; Thirdly, to property; together with the right to
support and defend them in the best manner they can.” Inherent in the Natural Right to property is the right to be
secure in the ownership and possession of that property AND the right to protect it!
We are not free from ALL searches and seizures, yet according to the 4th Amendment the ONLY way the government
can LAWFULLY search and seize your property is if ALL FIVE of the following elements are present for that search: 1. A
Proper Warrant, 2. Based Upon Probable Cause, 3. Supported By An Oath Before A Common Law Court, 4. Particularly
Describing The Place To Be Searched, 5. The Persons Or Things To Be Seized. 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.
The Reality…
The Supreme Court has turned the 4th Amendment into Swiss cheese by “CREATING” numerous unconstitutional
exceptions. It will be very difficult to argue the true application of the 4th Amendment to any government agent who
believes he is operating under proper legal power. That being said, here are some things you need to know…
 NEVER give permission for a search.
o EVEN IF there is a warrant, you are not required to consent to any search. If there is a warrant and you
consent then the government has your permission to search all property, even those not listed in the
warrant. If you are shown a warrant, you should say, “I see your warrant, and you will search based upon
that limited warrant, but you do not have my permission to search or seize any item.”
o IF there is no warrant, NEVER GIVE PERMISSION! It never hurts to repeat the words, “you do not have my
permission to search.”
 NEVER volunteer information. If you have been stopped in a car or on the sidewalk, one simple statement will make
all the difference...“Am I being detained or Am I free to go?”
o If you are not being detained, simply walk away (drive away). Say nothing more.
o If you are being detained then the only thing you should do is tell the officer your name (if you are driving
present your driver’s license) and say, “What law have I broken?” Under the 6th Amendment you have the
right to be informed of the accusations against you. The only other thing you should say is “I wish to remain
silent unless I have an attorney present.” And then, no matter what, do not speak, unless you are repeating
your desire to remain silent.
DON’T WAIT TO BE READ YOUR RIGHTS, ASSERT THEM.