7.09 Fourth Amendment and Fourteenth Amendment: Against Arrested or Detainee — Elements are a set of legal standards that apply when an arrested or detainee is subject to search and seizure by the government. The Fourth Amendment of the United States Constitution guarantees the right of people to be secure against unreasonable searches and seizures. The Fourteenth Amendment protects against any state action that deprives a person of life, liberty, or property without due process of law. The elements of 7.09 Fourth Amendment and Fourteenth Amendment: Against Arrested or Detainee are as follows: 1. A search or seizure must be conducted reasonably and there must be probable cause to believe that a crime has been committed. 2. The search must be justified by a valid warrant or an exception to the warrant requirement. 3. Any evidence obtained must be obtained lawfully. 4. No evidence obtained in violation of the Fourth Amendment can be used as a basis for a conviction. 5. A person arrested or detained must be informed of their rights and provided with access to counsel. 6. A detainee must be afforded due process of law and may not be subjected to cruel or unusual punishment. 7. A detainee must be provided with humane treatment and must not be subjected to excessive force.