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Generally, a search or seizure is illegal under the Fourth Amendment if it happens without consent, a warrant, or probable cause to believe a crime has been committed.
Amendment Four to the Constitution was ratified on December 15, 1791. It protects the American people from unreasonable searches and seizures.
The way that the Fourth Amendment most commonly is put into practice is in criminal proceedings. The Supreme Court decided in the mid-twentieth century that if the police seize evidence as part of an illegal search, the evidence cannot be admitted into court.
The Supreme Court usually considers Fourth Amendment cases starting with a basic question, ?Was there a search or a seizure?? If so, the Court must ask whether the search or seizure was reasonable. If not, then the search or seizure violates the Fourth Amendment.
This Fourth Amendment activity is based on the landmark Supreme Court case Brendlin v. California, dealing with search and seizure during a traffic stop.