Illegal Search and Seizure: 4th Amendment Violations in 2025 (Lawsuits & Settlements)
Illegal search and seizure violates the Fourth Amendment of the U.S. Constitution. Victims of 4th Amendment violations may sue police for damages, recover attorney's fees, and have illegally obtained evidence excluded from trial. Some violation of 4th amendment cases have settled for over $40 million.
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UPDATED: Jan 14, 2025
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UPDATED: Jan 14, 2025
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
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Can you sue for an illegal search? Illegal search and seizure by the police conflicts with the Fourth Amendment, which may give you the right to sue the police for damages.
The Fourth Amendment to the U.S. Constitution provides that citizens should be free from unreasonable search and seizure by authorities. Courts generally enforce this by excluding evidence from any trial should you be prosecuted.
You can also receive monetary damages and even have your attorney’s fees paid if you are the victim of an illegal search and seizure.
Keep reading to learn how to file a lawsuit when police violate the 4th Amendment. Enter your ZIP code to speak to an attorney if you’ve had your 4th Amendment violated.
- The 4th Amendment protects U.S. citizens from illegal search and seizure
- Fourth Amendment protection allows victims to sue police for damages
- The largest 4th amendment lawsuit settlement was $45 million
Illegal Search and Seizure Definition
What does the Fourth Amendment mean? Illegal search and seizure is referred to specifically within the Fourth Amendment to the United States Constitution as:
“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.”
What is a search vs. a seizure? In other words, a search is an intrusion on one’s privacy, usually to look for criminal evidence or information. Seizure is the collection of evidence from that search.
If the place searched is a home, a warrant is necessary. If the police search and seize property without a warrant, they have violated the 4th Amendment, and the evidence will be excluded at trial. Keep reading for example cases about the 4th Amendment that explain how it works.
Learn More: Can the cops break down my door to enter my home?
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Examples of the 4th Amendment Being Violated
What constitutes an illegal search and seizure? A valid claim can be brought if the police officers were acting “under the color of law” and deprived you of your freedom. That means that the police officer must have been on duty at the time and must have arrested you.
Can the police enter a home without knocking? Use this table for an explanation of the legal search and seizure guidelines police officers must follow:
Legal Guidelines for Arrests and Searches in a Home: Rules and Description| Rule | Description |
|---|---|
| Arrest Warrants | Required for home arrests unless urgent circumstances exist. |
| Search Warrants | Needed for home searches unless there’s consent, urgency, or plain view evidence. |
| Exigent Circumstances | Police can enter without a warrant if evidence may be destroyed or safety is at risk. |
| Consent Searches | No warrant needed if the homeowner consents. |
| Plain View Doctrine | Officers can seize visible evidence during a lawful entry. |
| Knock-and-Announce Rule | Police must usually knock and announce before entry unless it's unsafe. |
| Protective Sweeps | Officers can do a brief search for safety during a home arrest. |
| Hot Pursuit | Police can enter without a warrant if actively chasing a suspect. |
What is an example of an illegal search? These famous search and seizure cases influenced the way courts today interpret violations of the Fourth Amendment:
- Mapp v. Ohio, 367 U.S. 643 (1961): This case established that evidence obtained through an illegal search and seizure under the Fourth Amendment could not be used in state courts, solidifying the “exclusionary rule.”
- Katz v. United States, 389 U.S. 347 (1967): This decision broadened the scope of the Fourth Amendment by ruling that wiretapping without a warrant could be considered an illegal search if it violated a person’s reasonable expectation of privacy.
- Terry v. Ohio, 392 U.S. 1 (1968): This case allowed police to perform brief “stop and frisk” searches without violating the Fourth Amendment if they have a reasonable suspicion that a person is armed and dangerous.
One of the most recent illegal search and seizure cases (Carpenter v. United States, 585 U.S. 269) addressed the issue of whether police need a warrant to access cell phone location data. In 2018, the court ruled that prolonged tracking of a person’s location through cell phone records requires a warrant.
Suing for Fourth Amendment Violations
When can you sue for violation of Fourth Amendment rights? Under Section 1983 of the United States Code, citizens may collect monetary damages for being deprived of any of their rights under the Constitution or Federal law.
Can I sue the police for an illegal search? Fourth Amendment police misconduct cases must meet the following criteria:
- A search and seizure must have occurred.
- The search and seizure must have occurred without justification.
- A police officer or government agent must have performed the search and seizure.
- You suffered injury or property was damaged as a result of the search and seizure.
Another factor that is used when interpreting this area of Section 1983 is whether the police acted with “malice.” Malice means that the officers intended to illegally search your home and arrest you, the result of which was found by the court to be malicious prosecution.
Exceptions to the 4th Amendment
In some would-be illegal search and seizure cases, police officers are justified and within their legal right to search individuals and property without a warrant.
What limits unreasonable search and seizures? The most common 4th Amendment exception is when officers are in hot pursuit of a suspect who runs inside a private property. Officers can also search someone under arrest. Learn more about what happens when you are arrested.
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However, if your case has been dismissed from the court on the grounds of malicious prosecution, then you have the right to sue the police for violating the 4th Amendment and should consult with an illegal search and seizure lawyer to begin your case.
Types of Illegal Search and Seizure Settlements
The Supreme Court has held that a person suing for Fourth Amendment violations has the right to ask for the same damages generally available in a personal injury case. This means that there are three types of damages you may request:
- Monetary Damages: These cover damage done to you or your property due to illegal search and seizure. If the officers ripped apart your mattress during the search, you will receive full payment for the mattress to buy a replacement.
- Pain and Suffering Damages: This includes loss of income, so if you were incarcerated for two months during the trial and lost your job as a result, then you will be compensated for the loss of income.
- Punitive Damages: If you do have a malicious prosecution case, then you can also sue for punitive damages. These are money damages that are meant to punish the state for the actions of the police officers.
One of the largest police misconduct lawsuit settlements is $45 million, but most illegal search and seizure lawsuits settle for around $100,000-$200,000 unless the officers cause serious injury or death.
Check with your attorney about the overall illegal search and seizure settlement amounts, as many local governments cap some damages.
Examples of Illegal Search and Seizure Damages
When do police pay for damages during searches? Scroll through these three illegal search and seizure examples for a closer look at the different types of 4th Amendment violation settlements.
Read More: Police Use of Excessive Force: What to Do if It Happens to You
Compensatory Damages for Property Damage
Are police responsible for damages during a search? If the officers damage the person’s property during the search, such as ripping apart a mattress, the individual can seek compensatory damages to cover the cost of replacing the damaged property.
These damages aim to restore the person to their position before the violation occurred, compensating them for the losses suffered due to the illegal search and seizure. Use our sample personal injury damages calculator to get an idea of what you may be entitled to.
Compensation for Pain, Suffering, and Loss of Income
If the person is wrongfully arrested and detained for two months, resulting in the loss of their job, they may be entitled to compensation for the income they would have earned during that period. Additionally, they can seek damages for the emotional distress and negative impact on their overall well-being caused by the wrongful arrest and incarceration.
Punitive Damages for Malicious Prosecution
Can you sue the police for an illegal search? In cases where the police officers acted with malice and engaged in malicious prosecution, the individual can seek punitive damages. Punitive damages are meant to punish the state for the wrongful actions of the officers and deter similar misconduct in the future.
Local regulations may limit the specific amount of punitive damages you’re entitled to in a 4th amendment violation lawsuit, so it’s important to consult with an attorney to determine the appropriate level of compensation based on the circumstances of the case.
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What to Do if You’ve Had Your Fourth Amendment Violated
Can I sue for illegal search and seizure? While some exceptions apply, such as exigent circumstances, victims of an illegal search and seizure can sue police for damages and injuries.
Speak with an attorney as soon as you can if police officers did not have a warrant when they searched your home or person or seized any of your property. Enter your ZIP code to consult a lawyer for free.
Frequently Asked Questions
Does the 4th Amendment protect against illegal search and seizures?
Yes, the Fourth Amendment protects against searches that are deemed unreasonable, but there are exceptions — officers can search a home without a warrant while you’re on parole or probation and if they are in pursuit of a suspect.
What is an illegal search and seizure?
An illegal search and seizure is an unreasonable violation of your personal privacy, usually to collect evidence of a crime.
What is an example of an unreasonable search and seizure?
If law enforcement suspects illegal activity but doesn’t have a warrant or immediate justification (they are not pursuing a fleeing suspect or responding to an emergency), entering a home and seizing evidence like drugs or firearms would violate the Fourth Amendment.
What happens if the 4th Amendment is violated?
The initial consequence of Fourth Amendment violations is the exclusionary rule, which bars any illegally obtained evidence from being used in court. Victims may also file a civil lawsuit against the offending officers or government agents. Find out how civil procedure differs from criminal procedure.
How do you prove an illegal search and seizure?
Hire a civil attorney to help you prove an illegal search and seizure. They will investigate your case to demonstrate that officers did not have a warrant or probable cause to search you or your property. Enter your ZIP code to talk with a local attorney for free.
Can evidence from an illegal search be used in court?
No, illegally obtained evidence is not allowed at trial.
When can you sue for illegal search and seizure?
You can sue if a government agent performed the search and seizure without justification and you suffered an injury or property damage due to the search. If police officers acted with malice and intent to illegally search your home or cause injury, you can also sue for punitive damages. Learn more about who can file a lawsuit.
When are attorney’s fees included in illegal search and seizure lawsuit settlements?
Under the Civil Rights Attorney’s Fees Awards Act of 1976, plaintiffs who win their Section 1983 case are also entitled to attorney’s fees. This measure was designed to ensure that citizens bring their cases to light and hold the state responsible for their actions. In recent years, this law has substantially increased the number of cases filed.
What level of proof is required to search a cell phone in a car?
In most cases, officers need a warrant to search a cell phone with proof it contains evidence related to a crime.
Learn More: If a cop smells weed or sees drugs in a car on a traffic stop, can he search my car?
What is the penal code for illegal search and seizure?
The federal penal code for 4th Amendment violations is 18.109, but each state has its own penal code for illegal search and seizure.
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Shaheen F. Manshoory
Criminal Defense Lawyer
Shaheen F. Manshoory is a trial attorney specializing in criminal defense law, specifically litigation of complex criminal matters in state, federal, and juvenile courts, including the defense of professionals, corporations, and high-profile matters. Mr. Manshoory focused on integrating substantive knowledge and professional skills instruction. He excels in case planning and negotiations. Man...
Criminal Defense Lawyer
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.