What is the Fourth Amendment?

Updated Aug. 12, 2026Refreshed intermittently

The Fourth Amendment to the Constitution protects people and their homes, papers and belongings from unreasonable searches and seizures by the government. It requires that warrants be based on probable cause and specifically describe the place to be searched and the people or items to be seized.

1791

The year this amendment was ratified in.

What is a constitutional amendment?

A constitutional amendment alters the Constitution of the United States by striking or inserting new language. The Constitution establishes the structure, powers, and responsibilities of the federal government. It has been formally amended 27 times.

The constitutional amendment process is as follows:

Step 1

Two-thirds vote

An amendment may be proposed by a two-thirds vote in both the House of Representatives and the Senate or by a constitutional convention called by two-thirds of state legislatures.

Step 2

Three-fourths ratification

Once proposed, the archivist of the United States submits the amendment to the states for consideration. It becomes part of the Constitution once it is ratified by three-fourths of the states.

Full text of the Fourth Amendment

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

When did the states ratify the Fourth Amendment?

Congress proposed this amendment on September 25, 1789. Ratification was completed on December 15, 1791, when the 11th state, Virginia, approved the amendment, with 14 states in the Union at the time. New Jersey was the first state to approve, 56 days after the amendment was proposed. Connecticut was the last state to approve, 54,600 days after the amendment was proposed.

Virginia completed ratification of the Fourth Amendment.

Date of ratification by state, Fourth Amendment

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How has the Fourth Amendment shaped Supreme Court rulings?

The Supreme Court has the power of judicial review, which is the authority to declare that federal or state government actions violate the Constitution. This power shows how individual amendments can have a lasting impact on how laws are interpreted and applied.

Under judicial review, there have been 13 cases where the Court struck down laws as unconstitutional using the Fourth Amendment.

Supreme Court cases invoking this amendment

Cases, 1798–2021

Supreme Court cases invoking this amendment
Case	Year
Birchfield v. North Dakota	2015
City of Los Angeles v. Patel	2014
City of Indianapolis v. Edmond	2000
Ferguson v. City of Charleston	2000
Chandler v. Miller	1996
Tennessee v. Garner	1984
Payton v. New York	1979
Torres v. Puerto Rico	1978
Marshall v. Barlow's, Inc.	1977
Connally v. Georgia	1976

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Methodology

USAFacts standardizes data, in areas such as time and demographics, to make it easier to understand and compare.

Page sources

USAFacts endeavors to share the most up-to-date information available. We sourced the data on this page directly from government agencies; however, the intervals at which agencies publish updated data vary.