The 4th Amendment of the US Constitution protects citizens from unreasonable searches and seizures of property that may incriminate a person. Police must first go through the courts to obtain a warrant before they can rifle through a person’s private property for evidence in a criminal case. If this right is violated, a person may take legal action to have that evidence thrown out of their criminal case.
In some cases, the 4th Amendment cannot extend Constitutional protection to a person’s right to privacy. These limitations include the following:
#1: Was there a right to privacy?
In many cases, a person may attempt to cite the 4th Amendment despite not actually having privacy rights. For example, a person who explicitly signs away their privacy rights as a part of an employment or housing agreement may not cite privacy rights later.
#2: Was the right to privacy cited a reasonable claim?
In some cases, a person may technically have a right to privacy in an extreme situation. However, the court may determine that the right to privacy a person cites can be unreasonable. In these situations, a person is not protected by the 4th Amendment and may have their property searched or taken by the police.