The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated. The Fourth Amendment requires the government to obtain a warrant based on probable cause to conduct a legal search and seizure.The exclusionary rule prohibits the government from using illegally obtained evidence to prove a criminal defendant's guilt. The 4 th Amendment to the US Constitution guarantees freedom from unreasonable search and seizure. There is no resulting broad principle, however, that the Fourth Amendment constrains federal officials wherever and against whomever they act. The Fourth Amendment protects against unreasonable searches and seizures. It requires a warrant, based on probable cause, for searches. It also helps ensure that arrests are not made based on illegal practices such as racial profiling or out of vindictiveness. You can make this request in a. "motion" brought under Article 440 of the New York Criminal Procedure Law.