The Fourth Amendment sets out the right to be free from "unreasonable searches and seizures" and establishes conditions under which search warrants may be used. The Fourth Amendment grants the American people the right to be free of unlawful searches and seizures.The chargespecific rule only requires that plaintiffs prove that a charge lacked probable cause to find malicious prosecution. Constitutional Protections in Utah Criminal Cases. The Fourth Amendment guarantees protection against unreasonable warrantless searches and seizures. DUI Attorney David Rosenbloom is experienced in Utah DUI law and is committed to protecting you from Fourth Amendment violations. In accordance with the law stated in the Fourth Amendment, law enforcement must obtain a warrant before performing a search of property belonging to a person. At least eight circuits have definitively ruled the. Fourth Amendment governs until a probable cause determination. A police officer will never employ unnecessary force or violence and will use only such force in the discharge of duty as is reasonable in all circumstances.