Which of the following statements explains the Fourth
Amendment’s protections against unreasonable searches
and seizures? (1 point)
Law enforcement must have a search warrant and/or
probable cause to search a person’s property.
School officials must have probable cause to search a
student’s locker.
School officials must obtain a search warrant before
conducting random drug testing.
Law enforcement must have reasonable suspicion to
search a person’s house.
Law enforcement must have a search warrant and/or probable cause to search a person’s property.
The correct statement that explains the Fourth Amendment's protections against unreasonable searches and seizures is: "Law enforcement must have a search warrant and/or probable cause to search a person's property."
The correct answer is: Law enforcement must have a search warrant and/or probable cause to search a person’s property.
The Fourth Amendment to the United States Constitution protects against unreasonable searches and seizures. It establishes the principle that individuals have a right to be free from government intrusion into their personal lives and property. In order to search a person's property, such as their home or belongings, law enforcement must generally obtain a search warrant.
A search warrant is a legal document issued by a judge or magistrate that authorizes law enforcement to conduct a search. To obtain a search warrant, law enforcement officers must present probable cause to the judge or magistrate, which means they must provide sufficient evidence to demonstrate a reasonable belief that a crime has been committed and that the search will yield evidence of that crime.
The Fourth Amendment also recognizes certain exceptions to the requirement of a search warrant. For example, in certain circumstances, law enforcement may conduct a search without a warrant if they have obtained consent from the individual whose property is being searched, or if there are exigent circumstances, such as the need to prevent the destruction of evidence or to protect public safety.
In the context of schools, the Supreme Court has established that students have reduced privacy rights compared to adults. However, even in schools, searches must still be conducted in a manner that is reasonable in light of the individual's age, sex, and the nature of the infraction. Therefore, school officials must generally have probable cause or reasonable suspicion to conduct a search of a student's locker or personal belongings.
It's important to note that the Fourth Amendment's protections against unreasonable searches and seizures apply to government actors, such as law enforcement and school officials, but not to private individuals or organizations.