Informed by common law practices, the Fourth Amendment protects the "full enjoyment of the rights of personal security, personal liberty, and private property" by prohibiting unreasonable searches and seizures.
Emphasis upon the necessity of warrants places the judgement of an independent magistrate between law enforcement officers and the privacy of citizens, authorizes invasion of that privacy only upon a showing that constitutes probable Cause, and limits that invasion by specification of the person the be seized, the place to be searched, and the evidence to be sought. Although a warrant is issued ex parte, its validity may be contested in a subsequent suppression hearing if incriminating evidence is found, and a prosecution is brought.
Emphasis upon the necessity of warrants places the judgement of an independent magistrate between law enforcement officers and the privacy of citizens, authorizes invasion of that privacy only upon a showing that constitutes probable Cause, and limits that invasion by specification of the person the be seized, the place to be searched, and the evidence to be sought. Although a warrant is issued ex parte, its validity may be contested in a subsequent suppression hearing if incriminating evidence is found, and a prosecution is brought.