Former President Donald Trump has hinted at legal action over the Mar-a-Lago raid, but lawyers say his Fourth Amendment defense will likely fail. In a post on Truth Social on Friday night, Trump said a “major proposal” related to the Fourth Amendment, which prohibits unreasonable searches and seizures, would soon be filed. Earlier this month, the FBI executed a search warrant at Mar-a-Lago, the former president’s home in Palm Beach, Florida. Legal experts have found that substantial evidence must support a warrant authorizing a search. Unsealed court documents showed the probe was part of an investigation into whether Trump had violated three laws, including a key aspect of the Espionage Act, related to the handling of government documents. Trump and his allies denounced the FBI probe as a political attack, despite it being signed off by a federal judge and approved by Attorney General Merrick Garland. But Trump continued his attacks on the Justice Department in his Truth Social post Friday night, describing the raid as an “illegal break-in” at his home. The former president argued that his rights, as well as the rights of all Americans, “were violated on a level rarely seen before in our country.”
The Fourth Amendment
According to the Library of Congress, the Fourth Amendment is: “The right of the people to be secure in their persons, houses, papers, and effects, from unreasonable searches and seizures, shall not be violated, and no warrants issued, but by probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.” Although the “major motion” has yet to be filed, lawyers are already saying his Fourth Amendment defense will likely fail. The Daily Beast reported that legal experts took to Twitter to question the move. “Trump promises a ‘major proposal on MAL investigation at 4 AM,’” wrote former deputy assistant attorney general Harry Littman. “Presumably, he means a motion to suppress evidence, which people file once they’re indicted (but not before), and he’s sure to lose.” And University of Texas Law Professor Steve Vladeck wrote: “Wait until he finds out that SCOTUS has made it nearly impossible to sue federal law enforcement officers for even flagrant Fourth Amendment violations.” Trump’s post-presidential office did not immediately respond to Insider’s request for comment.
