History

• The right to be free from unreasonable searches was established long before American colonists drafted the Fourth Amendment to the Constitution. British common law protected citizens from unlawful entry of their homes by the government.
  
  

Definition

• The definition of "search" under the Constitution has been interpreted by many different courts throughout the years with many different results. Generally, the rule is that a search is any examination of what we seek to keep private. So a search is any action that examines a person or place or thing when the person, or owner of the place or thing, has made a reasonable attempt to keep himself or his property private.
  
  

Significance

• The significance of seeing to define a search of a person or premises is that the U.S. Constitution prohibits unreasonable searches. No government official can examine your person or premises without a warrant issued by a court based on "probable cause" unless you have given your permission. Your permission can be express or implied by your actions.
  
  

Misconceptions

• Many people believe that as long as something or someone is inside their home, no government official can search without a warrant. However, there are many exceptions to the requirement of a warrant, including the "plain view" exception that says that if a police officer can see something in plain view, it is not protected by the warrant requirement.
  
  

Legal Rights

• Unless a police officer or other government official has a warrant to search your person or premises (including your car), you have the right to decline a request for the search. However, if the police officer believes that he has probable cause to arrest you for a crime, he may do a "pat down" search to ensure his safety, even without a warrant and without your permission.