'' For the five-Justice majority, Jus- tice Clark discerned several constitutional defects in the law. In this session, students will examine the historical context and the drafting of the Fourth Amendment.The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated. Clark Neely is here to talk about the Fourth Amendment and we are very excited to get started. The Fourth Amendment protects us from unreasonable search and seizures of our person, our house, our papers, and our effects. 2 Because this claim is housed in the Fourth Amendment, the plaintiff also has to prove that the malicious prosecution resulted in a seizure of. Yes, Rand could mount a Fourth Amendment challenge to Clark's actions. Constitution of the United States. The Fourth Amendment protects against illegal searches and seizures.