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

11 results
Jan 13, 2026
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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 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 23, 2026
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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 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 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 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...

Jan 25, 2026

How does ICE determine the immigration status of individuals during interrogations?

determines immigration status during interrogations primarily through on-the-spot questioning authorized by , review of any identity or immigration documents presented, and subsequent administrative c...

Jan 21, 2026

What are the Fourth Amendment rules for identity checks by federal agencies at airports and border checkpoints?

Federal agencies operate under a distinct regime at international borders and their "functional equivalents" (like international airports): routine identity checks and searches at those points are sub...

Jan 18, 2026

How have court decisions since 2023 affected whether ALPR or combined ALPR+facial‑recognition searches require warrants?

Since 2023 courts have nudged the law toward greater judicial oversight of both facial recognition and license‑plate surveillance, but they have not produced a single, nationwide warrant rule: state a...

Jan 9, 2026

What should I do if an ICE agent requests ID or threatens detention—what are my legal rights and immediate steps?

When an ICE agent requests identification or threatens detention, the immediate legal pillars are the right to remain silent, the right to refuse consent to searches, and the right to ask whether one ...