Constitutional Amendments and the Criminal Justice Process

4th Amendment
The 4th amendment states: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized” (1).
The 4th Amendment protects people against unreasonable search and seizure of their person, property, and belongings. It also includes warrants. For example, it sets requirements for issuing warrants. A judge or magistrate must issue warrants, and they must be backed up by facts and supported under oath.
A government with extreme overreach would be difficult to live under. Therefore, the founding fathers included the 4th Amendment, which protects citizens from unreasonable searches, both warranted and warrantless.

Law Enforcement—Preliminary Investigation
As an example, police detectives have taken statements from an informant under oath pertaining to the whereabouts of a robbery suspect. The officers believe evidence exists at a certain location based on the informant's statements and eyewitness testimony. Therefore, they go to the court seeking a search warrant for that specific location and state their evidence to the judge. The judge then decides based on the facts.

The United States Supreme Court issued a 6-3 decision in 2015 in Rodriguez v. the United States. The Court held that Nebraska police violated Rodriguez’s 4th amendment rights when they extended an otherwise lawful traffic stop in order to let a drug-sniffing dog investigate the outside of the vehicle (2).
In Terry v. Ohio, the U.S. Supreme Court Determined that the 4th amendment allowed a police officer to stop a suspect on the street and frisk them without probable cause to arrest if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime and has a reasonable belief that the person "may be armed and presently dangerous" (3).

5th Amendment
The fifth amendment states, "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for publi...