Fourth Amendment Searches

Invasion of privacy

Physical invasions of privacy can be more problematic for law enforcement than mere visual observations. This may be obvious in examples such as a physical search of a suspects home absent a search warrant (assuming none of the exceptions, which will be discussed later, apply). Privacy may also extend to physical objects, such as bags, cars, etc.

Less obvious is that an invasion of privacy may occur through the use of surveillance devices. For example, in Kyllo v. United States, 533 U.S. 27 (2001), a thermal imaging device was used to detect artificial light within the home of a suspect, which indicated that the suspect was growing marijuana within his home. This information was then used to obtain a search warrant, which resulted in the finding of marijuana plants within the suspects home. The United States Supreme Court then determined that the search violated the Fourth Amendment rights of the suspect. The court held that, "[w]here, as here, the Government uses a device that is not in general public use, to explore details of the home that would previously have been unavailable without physical intrusion, the surveillance is a 'search' and is presumptively unreasonable without a warrant." Furthermore . . .

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Page last updated: 2/17/2007
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