What are the components of the Fourth Amendment?

The Fourth Amendment of the U.S. Constitution protects citizens from “unreasonable searches and seizures” conducted by the government. It states that people shall be secure in their persons, houses, papers, and effects against “unreasonable searches and seizures” and that no warrants can be issued without “probable cause” and a detailed description of the place to be searched or the items or persons to be seized. The Fourth Amendment also applies equally to citizens of the State of New Mexico. The Fourth Amendment contains two separate but related components. The first component is the protection against unreasonable searches and seizures, which can happen only when officers have a warrant that is supported by “probable cause”. This includes protection against police searches of homes and vehicles, and the seizure of any items found during the search — e.g. drugs, weapons, or other contraband. The second component of the Fourth Amendment deals with warrants. A warrant is a document signed by a judge that gives law enforcement the authority to search a particular area for evidence and to seize any items found. Officers must have “probable cause” before they can obtain a warrant, and the warrant must specify with particularity the place to be searched and the items or persons to be seized. Thus, the Fourth Amendment of the U.S. Constitution as applied to New Mexico has two components: protection against unreasonable searches and seizures, and the requirement of warrants supported by “probable cause.” Together, these components ensure that citizens of New Mexico enjoy the right to privacy in their persons and property and are protected against unlawful searches and seizures.

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