Index/Topics/Fourth and Fifth Amendment Protections

Fourth and Fifth Amendment Protections

The protections afforded to individuals by the Fourth and Fifth Amendments to the U.S. Constitution, including the right to remain silent and to refuse searches.

Fact-Checks

24 results
Jan 27, 2026
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What are the constitutional limits on ICE's authority to enforce state laws?

Federal immigration officers operate under statutory authority and constitutional constraints that shape what they may do in states; but cannot lawfully commandeer state officials to enforce federal l...

Jan 31, 2026
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How have U.S. courts ruled on criminal liability for journalists present during disruptive protests or civil disobedience?

, fact-specific line between protected newsgathering and criminal liability for journalists at disruptive protests: courts consistently recognize qualified and protections for reporters who are observ...

Jan 13, 2026
Most Viewed

How do ICE detainers work and why have courts criticized their constitutionality?

ICE detainers are administrative requests—typically Form I-247A—sent by federal immigration authorities asking state or local jails to notify ICE of an individual’s release date or to hold the person ...

Jan 23, 2026

What statutory language in INA §1357 has courts interpreted when assessing ICE’s warrantless arrest authority?

The statutory text courts parse when assessing is concentrated in 8 U.S.C. § 1357(a), which authorizes immigration officers “power without warrant” to interrogate aliens and to arrest aliens under spe...

Jan 28, 2026

What is illegal about IcE raids in Trump second administration

The second ’s surge has prompted allegations that some enforcement tactics crossed legal lines — including fatal shootings by agents, warrantless detentions, arrests of noncriminal residents and citiz...

Jan 12, 2026

Can US citizens refuse searches of their electronic devices at border checkpoints?

Yes — U.S. citizens can refuse to submit their electronic devices or to unlock them at U.S. ports of entry, but that refusal does not stop border agents from exercising broad search and seizure powers...

Jan 29, 2026

What legal authority allows ICE to detain noncitizens in public places?

Federal law and agency practice give Immigration and Customs Enforcement () the legal authority to stop, question, arrest and detain noncitizens in public places: statutory enforcement powers under th...

Jan 22, 2026

ice forcibly entering homes

Reporting from and other cities documents multiple recent incidents in which federal immigration agents breached homes, sometimes without showing warrants, and removed residents — including at least o...

Jan 19, 2026

How have U.S. courts treated cases where CSAM was only streamed but not downloaded?

U.S. courts have split over whether law enforcement may rely on a platform’s automated or human review of suspected child sexual abuse material (CSAM) without a warrant, applying competing doctrines—c...

Jan 12, 2026

Can ICE legally search my phone without a warrant at the U.S. border?

The legal default at U.S. borders permits warrantless searches of people and their belongings—including electronic devices—under the longstanding "border search" exception to the Fourth Amendment, a p...

Feb 7, 2026

What are the rights of U.S.-born citizens during ICE interactions?

-born citizens retain full constitutional protections during encounters with : they have the right to remain silent, cannot be lawfully detained or deported for immigration violations, and generally d...

Feb 6, 2026

Can law enforcement use browser fingerprinting or device identifiers to track users without a warrant?

and device identifiers as investigative tools, and private companies and platforms routinely collect the same signals that make that possible . Whether police must get a warrant depends on the legal g...

Feb 4, 2026

What are the 12 states with 'stop and identify' laws and how do courts interpret them today?

The sources provided do not support a definitive list of "12 states" with ; national surveys and legal charts instead report between about two dozen states with some form of statute, and the precise c...

Feb 4, 2026

Do noncitizens have the same Miranda and Fifth Amendment protections as U.S. citizens in criminal cases?

inside are protected by the ’s privilege against self‑incrimination and, in criminal custodial interrogations, by the Miranda framework that safeguards that privilege; the Constitution speaks of “pers...

Feb 3, 2026

How does Form I-200 differ legally from a judicial arrest warrant and what authority does each confer?

is an administrative “Warrant for Arrest of Alien” issued to put a noncitizen into custody for civil immigration proceedings, whereas a judicial arrest warrant is issued and signed by a court after a ...

Feb 3, 2026

What legal steps (warrants, subpoenas) do investigators typically need to obtain platform data from CyberTipline reports?

Investigators who receive a report ordinarily cannot rely on the report alone to obtain full account records, connection logs, or deleted content; the CyberTipline and reporting platforms provide a le...

Jan 31, 2026

Do US citizens have the right to deny consent for vehicle or luggage searches at the border?

citizens do have the legal right to refuse consent to searches of their vehicle or luggage, but that right is constrained at the border and at ports of entry: federal agents generally have broader aut...

Jan 31, 2026

How have courts ruled on Trump-era efforts to revoke security clearances of lawyers and former intelligence officials?

Federal judges have repeatedly pushed back on ’s attempts to from lawyers and former intelligence officials, issuing preliminary injunctions and rulings that emphasize procedural defects and possible ...

Jan 28, 2026

What rights do immigrants and U.S. citizens have when approached by ICE in public spaces?

When approaches someone in a public space, both U.S. citizens and noncitizens retain : the right to remain silent, limits on searches and seizures, and the ability of bystanders to record—so long as t...

Jan 28, 2026

How have law-enforcement investigations into protest funding concluded in past U.S. cases?

Federal, congressional and local law‑enforcement probes into who funded have produced a range of outcomes—formal criminal or civil inquiries with subpoenas and search warrants in some high‑profile cas...