In which scenario is the 4th Amendment considered to be violated?

The Fourth Amendment protects individuals from unreasonable searches and seizures, emphasizing the need for law enforcement to have probable cause and, in most cases, a warrant before conducting a search. The amendment is violated when a search and seizure occurs without a legitimate legal basis, such as a warrant or probable cause.

In scenarios where a search and seizure is unlawful—meaning it lacks the required justification, such as probable cause, or is conducted without a proper warrant—the Fourth Amendment rights of individuals are clearly infringed. This situation is directly linked to the amendment's purpose of safeguarding citizens against government overreach and ensuring their privacy and security.

In contrast, lawful searches occur under established legal criteria, reasonable suspicion refers to a lower standard than probable cause that can allow for limited stops and searches in certain cases, and voluntary encounters do not typically involve force or coercion, thereby not constituting a violation of the Fourth Amendment.