In criminal law, there is an expectation of evidence/proof to establish probable cause. The reason that a hunch isn’t considered enough to determine probable cause is that a hunch can be tainted by bias and lead to violations of civil rights. The principal law that establishes the right of citizens against searches based on an officer's hunch is the 4th amendment to the US Constitution, in particular, the section that reads,
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.
The main factor in determining if a search can occur, especially when a warrant is necessary, is if there is enough evidence to produce probable...
(The entire section contains 2 answers and 474 words.)