If the officer does not have probable cause to arrest you, any items found in a search incident to arrest must be suppressed due a Fourth Amendment violation. In order for the Fourth Amendment to apply, the individual must have a reasonable expectation of privacy in the property or area searched.How do I cite an Amendment to the US Constitution in Chicago Manual Style? The Fourth Amendment prohibits the United States government from conducting "unreasonable searches and seizures. The Fourth Amendment to the U.S. Constitution generally prevents the government from arresting or searching a person without a warrant. It will eliminate loopholes that let the government investigate us and our property without having to get a warrant. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated. If you fill out a form on a webpage, you will lose your progress. Introduction. On September 10, 2013, Keith Smith was arrested in Chicago when two police officers stopped and searched a vehicle in which he was a passenger. The Fourth Amendment of the U.S. Constitution protects people from random and arbitrary stops and searches.