Use this instruction for a claim of an unreasonable search under the Fourth Amendment when the issues involve a search incident to arrest. What Does the Fourth Amendment Mean?Search without warrant unlawful—Penalty. As a criminal defense attorney who handles unlawful search and seizure cases in Seattle, Washington, I can help you determine the legality of the search. The Fourth Amendment protects your privacy – specifically, "in their persons, houses, papers, and effects. Criminal suspects can voluntarily waive their Fourth Amendment rights and consent to a search of their person or property without a warrant. Here in Washington, they can ask you politely if you consent to a search, and you can say no.