Keep in mind that the root of any Fourth Amendment question goes back to the Fourth Amendment's protection against unreasonable searches and seizures. Under the 4th Amendment to the Constitution, Americans have a right to be free from illegal searches and seizures.The 4th Amendment does protect against unreasonable search and seizure. Most often, officers will need to have a warrant in order to conduct a search. Fourth Amendment Explained. Both the State of Texas and the United States Constitution have safeguards against unreasonable searches and seizures. Sec. 9. SEARCHES AND SEIZURES. The focus of this article is on the Fourth Amendment, which specifically protects against "unreasonable" searches and seizures. The Fourth Amendment prohibits stopfirst, justifylater policing. On October 12, 2011, the United Supreme Court continued its new term and heard oral arguments on a case that is a Fourth Amendment issue.