United States. Human rights / constitutional. Constitutional provision

Fourth AmendmentUnited States Constitution, Fourth Amendment

In force

§1Summary

Synopsis

Protects people against unreasonable searches and seizures by government and generally requires a warrant supported by probable cause. Courts apply a 'reasonable expectation of privacy' test, with the third-party doctrine limiting protection for data held by service providers.

Key themes
  • government searches
  • warrants
  • reasonable expectation of privacy
  • third-party doctrine
  • location data
Unique features

Binds only government actors, not private companies; there is no general constitutional right to data protection at federal level, unlike Article 8 of the EU Charter.

SaaS relevance

Shapes when US law enforcement needs a warrant versus a subpoena to obtain customer data held by a SaaS provider.

§2Obligations

Extraterritorial
Limited
Breach notification
None
DPO
No
Cross-border transfers
None
Maximum penalty
Exclusion of evidence; civil claims against officials (Bivens/42 USC 1983)

§3Dates

Key dates
  • Adopted
  • In force
  • Ratified with the Bill of Rights 1791; Carpenter v. United States (2018) extended warrant requirement to historical cell-site location data.

§4Text and authority

Text
Authority
Federal and state courts (no regulator)

§5Where it applies

Domestic law of
United States
Also applies in

§6Sources and verification

Sources consulted
Verification

High confidence.

Does not apply to private-sector processing.