Which statement about Fourth Amendment protections is accurate (in the context of Maryland law)?

Which statement about Fourth Amendment protections is accurate (in the context of Maryland law)?

• A. A warrant and probable cause
• B. A court order only
• C. No warrant required
• D. A consent from the suspect

Answer: (A)

The key idea is that protections against unreasonable searches and seizures typically require law enforcement to have probable cause and to obtain a warrant. Under the Fourth Amendment, and similarly under Maryland practice, a search or seizure usually must be authorized by a warrant issued by a neutral magistrate and supported by probable cause. The warrant should describe the place to be searched and the items to be seized. There are narrow exceptions (like the subject’s consent or certain urgent situations), but these are exceptions to the general rule. Therefore, the statement that best reflects Fourth Amendment protections is that a warrant and probable cause are required.

The key idea is that protections against unreasonable searches and seizures typically require law enforcement to have probable cause and to obtain a warrant. Under the Fourth Amendment, and similarly under Maryland practice, a search or seizure usually must be authorized by a warrant issued by a neutral magistrate and supported by probable cause. The warrant should describe the place to be searched and the items to be seized. There are narrow exceptions (like the subject’s consent or certain urgent situations), but these are exceptions to the general rule. Therefore, the statement that best reflects Fourth Amendment protections is that a warrant and probable cause are required.