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What is a 4th Amendment waiver?

A 4th amendment waiver is short for giving up your right to be searched with or without probable cause.  It is often used in North San Diego County and throughout California and refers to waiving the protections of the 4th amendment of the U.S. Constitution which gives us the right to be free from unreasonable searches and seizures.  The "4th" waiver is commonly imposed as a term of probation or parole in most criminal cases, especially those relating to theft, drugs and weapons.  It allows you to be searched by law enforcement, probation officers or parole officers whether they have a reason or not.  It is helpful from a law enforcement point of view not only for the access it gives to probationers and parolees, but also as a deterrent to being involved in criminal conduct knowing you could be searched at any time.

With a 4th Amendment waiver, you, your personal effects, vehicle and living area are subject to search as long as you are on probation or parole.  If you live with others, then your room and any common areas are subject to search.  Usually there are other terms of probation not only prohibiting new law violations, but also the possession of weapons, drugs, paraphenalia, grafitti materials, and a number of other things depending on the underlying law violation.  It is a valuable tool utilized by the Courts to help ensure you remain law abiding.

There are also certain requirements concerning the legal implemenation of a 4th waiver search.  Whether you pick up a new case or are violated on your probation or parole, call Christoph Law Offices at 760-941-5720 for a free consultation and review of your case.  Located across from Vista Courts for over 32 years, Criminal Defense Attorneys Nicholas and William Christoph have been providing the quality personal representation in Criminal, DUI, Probation and Parole cases.

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