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.
USCA Const. Amend. IV-Search and Seizure
Applying to arrests and to searches of persons, homes, and other private places, this amendment requires a warrant, thereby placing a neutral magistrate between the police and the citizen.
Constitution of the United States, United States Senate, http://www.senate.gov/civics/constitution_item/constitution.htm#amdt_4_1791 (last visited Apr. 6, 2013).
The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures, and against the unreasonable interception of private communications by any means, shall not be violated. No warrant shall be issued except upon probable cause, supported by affidavit, particularly describing the place or places to be searched, the person or persons, thing or things to be seized, the communication to be intercepted, and the nature of evidence to be obtained. This right shall be construed in conformity with the 4th Amendment to the United States Constitution, as interpreted by the United States Supreme Court. Articles or information obtained in violation of this right shall not be admissible in evidence if such articles or information would be inadmissible under decisions of the United States Supreme Court construing the 4th Amendment to the United States Constitution.
Fla. Const. art. I, § 12
Additionally Florida's Constitution Guarantees a Right to Privacy:
Every natural person has the right to be let alone and free from governmental intrusion into the person's private life except as otherwise provided herein. This section shall not be construed to limit the public's right of access to public records and meetings as provided by law.
Fla. Const. art. I, § 23
Florida Constitution Article I, § 12 - is substantially different than the text of the Fourth Amendment. Unlike the Fourth Amendment, the Florida constitution provides explicit protection for "private communications." 4 Barbara E. Bergman & Theresa M. Duncan, Wharton's Criminal Procedure, 22-19 (14th ed. 2010).
Florida Constitution Article I, § 23 - has held that this provision of the Florida Constitution does not apply to searches and seizures covered by article I § 12, which requires that Florida search and seizure protections be interpreted in conformity with federal interpretations of the Fourth Amendment. Id. at 22-20.
