Fourth Amendment Searches

Introduction

The Fourth Amendment states:

The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall 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.

In order for an individual to be entitled to protection by the Fourth Amendment, it is critical to first determine whether a search ever took place. As expressed by Justice Harlan's concurring opinion to the holding of the United States Supreme Court in Katz v. United States, 389 U.S. 347 (1967), an individual will only be protected by the Fourth Amendment if they possess (1) an actual or subjective expectation of privacy, and (2) a reasonable and legitimate expectation of privacy.

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Page last updated: 2/17/2007
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