Was this a violation of my 4th amendment right?

Question

I recently was arrested in a hospital for simple possession. The security said they were acting on a tip but could not tell me where the tip came from or what the "tip" was. The did not have a warrant until after the arrest.  I did not consent to a search.

John Michael Frick · Answer

There are a number of considerations to determine whether a warrantless search in a hospital violates the 4th Amendment.  You can read the attached article:  https://www.alston.com/-/media/files/insights/publications/2012/10/searches-of-hospital-patients-their-rooms-and--bel/files/hcmonthlyoct2012burnette/fileattachment/hcmonthlyoct2012burnette.pdf 
 
Among factors to consider are:  1) the area in the hospital where the search was conducted, 2) whether the search was conducted by or at the behest of the government, as opposed to private security, 3) the nature of the information provided in the "tip," 4) the nature of the substance found, 5) where specifically in the room being searched was the substance located when it was found, and 6) whether there were circumstances indicating a reasonable risk that the substance could be moved or destroyed before a search warrant could be obtained.

Anthony M. Avery · Answer

You will need to read the Arrest Warrant and see what probable cause for the stop, detention, search and arrest is cited.   If it looks questionable, prepare for a Preliminary Hearing.   Hire a competent attorney.   If indicted, then the Motion To Suppress should be made at that Court.

James L. Arrasmith · Answer

Your situation raises concerns about your Fourth Amendment rights. The Fourth Amendment protects against unreasonable searches and seizures, typically requiring law enforcement to obtain a warrant based on probable cause. Arresting you without a warrant and without your consent to search could potentially be a violation, especially if the arrest and search were based solely on an unspecified tip. 
 
However, there are exceptions to the warrant requirement, such as exigent circumstances or if the police had probable cause to believe you had committed a crime. In your case, the fact that the security acted on a tip and the police obtained a warrant after your arrest complicates the matter. The legality of their actions might depend on the specifics of the tip and whether it provided sufficient probable cause. 
 
It's essential to consult with a legal professional who can evaluate the details of your case and provide personalized advice. They can help determine if your rights were violated and what steps you can take next.

Q: Was this a violation of my 4th amendment right?