With a new administration in power, civil rights lawyers are suddenly in demand. Most places I go, civil rights, civil liberties, basic constitutional norms and freedoms seem to be on the collective mind. This is a good time, then, for a refresher on basic civil rights protections we all enjoy under the U.S. Constitution.
The Fourth Amendment
Where to begin? For many, the Fourth Amendment is the principal bulwark against abuse of power by government. It prohibits “unreasonable searches and seizures” and requires warrants to be based on probable cause. These protections apply in a wide variety of circumstances. The Fourth Amendment generally prohibits arrests without probable cause, almost all searches and arrests in a home without a warrant, and police stops without reasonable suspicion. The Fourth Amendment covers searches by police officers of course, but also searches by other government employees such as public school teachers. The Fourth Amendment also prohibits excessive force, a species of “unreasonable … seizure[].” Excessive force can include a police shooting, physical abuse, or unnecessary rough treatment incident to arrest (for example, tightening handcuffs to inflict unnecessary pain on an arrestee).
