Know Your Fourth Amendment Rights

Popular television crime shows often show police officers trying to convince a prosecutor or judge they have sufficient evidence to apply for a search warrant. It is a common scenario in television shows, and it is also a common scenario in police offices and judge’s chambers.

The Fourth Amendment of the Constitution of the United States protects people against unreasonable searches and seizures. In order to obtain a search warrant, probable cause must be demonstrated and the search warrant must specify the place to be searched and the persons or things to be seized.

Because anything seized under a search warrant can be used as evidence against a defendant, questioning the legality of the search is paramount. This was demonstrated State of Wisconsin v. Christopher D. Wilson, where Christopher Wilson argued that his Fourth Amendment rights were violated due to an illegal search.

Wilson contended that police officers entered his fenced-in backyard without a search warrant and that their entry was not a valid “knock and talk” investigation. He argued that the officers lacked an implicit license to enter his fenced-in backyard, and that their warrantless entry was not justified by the exigent circumstance of “hot pursuit”. Wilson sought a review of the decision by the Wisconsin Court of Appeals affirming his conviction, and the denial of the circuit court regarding his motion to suppress evidence.

On November 23, 2022, the Supreme Court of Wisconsin reversed the decision of the Wisconsin Court of Appeals, concluding the police officers did not have an implicit license to enter Wilson's backyard. The Court also concluded the officers violated his Fourth Amendment rights: their entry into his backyard was not permissible under the exigency of “hot pursuit” as the officers did not continuously or immediately pursue him from the scene of a crime. The Court directed the circuit court to vacate Wilson’s conviction and to grant the motion to suppress evidence.

Know your rights. If you are facing a criminal charge, speak with an experienced criminal defense attorney immediately.