When is the 4th Amendment Applied? – Information in Law Enforcement Database

The 4^th Amendment protects the rights of United States citizens from unlawful searches and seizures. There are ten categories of applicability for invoking the 4^th Amendment. The fifth category is information stored in law enforcement databases.

A police officer or law enforcement agent can run a personal record or license check at any time without reasonable suspicion. Because the information already entered into the databases are openly available to law enforcement at any time, this information is not subject to 4^th Amendment rights.

For example, if you are stopped at a stop light or stop sign and a police officer runs your plates, finds a warrant for your arrest has been issued, and pulls you over, this stop is not unreasonable because the officer has the right to run a license check at any time without reasonable suspicion.

The fifth category for applicability for invoking the 4^th Amendment allows a law enforcement agent to run a personal record or license check at any time without reasonable suspicion.

St. Louis, Missouri, Search & Seizure Lawyer

If you or a loved one has been product of an unlawful search and seizure or have questions regarding what stands for a reasonable search and seizure, our attorneys can help. Call Henderson & Waterkotte, P.C. to schedule a free consultation 24/7.