4th Ammendment

4th Ammendment

Right of people to be secure in their persons, house, paper and effects, against unreasonable searches and sezuires, no warrents issued w/o probable cause,

Why 4th Included ?

Writs of assistance and general warrents

General Warrents

Specificty Requirement: does not bar all gov searches just constrains w/in reasonable limits

• Judically created exceptions to warrent requirement - supportt by probable cause

No Probable Cause Warrent

administrative ( vehicles , alcohol industry , terry stops )

4th Directed at?

Feds ( fear leviathan of fed goverment or monarchy)

Wold v. Colorado (1949)

4th applied to states by the due process of the 14th

• created one uniform national standard for leagl searches

4th Protects →

Persons, houses, papers and effects

Protection of Person

Arrest (seizure), searcges (outer clothing, external search)

Protection of Houses

Dwelling/curtilage, vehicles, rental property, non-public spaces

Protection of Papers and Effects

General 4th amm test to determine whether search is valid

Trespass Doctrine

No intrusion into protected space, no search, no 4th ammend problem

Katz v. US

Public phone booth wiretapped by telephone company , lower courts = no trespass-no search, SC reversed(abrogated trespass doctrine)

Katz Reasonable Exception of Privacy test

1) Person exhibited actual exception of privacy

2) Exception is one society recognize as reasonable

Subjective Exception

person exhibit desire to keep private

Objective Reasonable

privacy justifed beyound persons belief (ie. Patriot Act)

US v. Jones (2012)

gov put GPS on def car, SC found gov physical intrusion on “effect” for purpose of obtaining info constitutes a search

• Katz → must preserve least degree privacy againt gov intrusion ( gov must prove search reasonable)