Restriction on Taking. Many people believe that, because of the Fourth Amendment, they are not subject to search at any time unless they are caught "red handed." This is not the case. "recognition that the Fourth Amendment does not compel an immediate determination of probable cause upon completing the administrative steps incident to arrest. Illegal detention would unquestionably violate the unreasonable search and seizure clause of the Fourth Amendment. Accordance with Code of Civil Procedure section 1034 and California Rules of. The fourth amendment of the U.S. Constitution provides that, "no. It should not become less than that. To prove an excessive-force claim under the Fourth Amendment, Mr. Lopez must demonstrate that Officer Wright used unreasonable force. Do I have to fill out the same application to renew my permit?