Kara Sears
The Fourth Amendment protects individuals' reasonable expectation of privacy against government officers. A search is considered unreasonable if it is conducted without a legal search warrant, without probable cause, or if it exceeds the authorized scope of the search. For example, in Arizona v. Hicks, police officers rightfully entered the defendant's apartment under exigent circumstances, an exception to the warrant requirements for emergencies. They moved some of the defendant's belongings, which was considered enough of a search to require probable cause. In another case, Jones v. United States, an affidavit was considered as a whole to determine whether there was probable cause to support an arrest. The Fourth Amendment also allows officers to arrest and search individuals suspected of fleeing after committing a felony, and to enter any property to search and/or seize evidence without warrants.
| Characteristics | Values |
|---|---|
| Search | A search of an area in which the defendant has a reasonable expectation of privacy |
| Government conduct | Direction of law enforcement personnel |
| Exclusionary Rule | Remedy to unreasonable search and seizure |
| Unreasonable search and seizure | Without a legal search warrant, without probable cause, extending the authorized scope of search and seizure |
| Probable cause | Belief that the law was being violated on the premises to be searched |
| Search incident to arrest | Search of the person of an arrestee as an incident to the arrest |
| Hot pursuit | Arrest and search of individuals suspected of fleeing after committing a felony |
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What You'll Learn
Unreasonable search and seizure
The Fourth Amendment protects citizens against unreasonable searches and seizures, stating that "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated". This means that a search must be carried out with probable cause and a warrant, which should be specific about the place to be searched and the items to be seized.
The determination of probable cause is made by a magistrate, who assesses the facts presented to them and decides if there is reasonable belief that a crime has been committed. This process is not to be hindered by hypertechnical readings of supporting documents and testimony. Probable cause can be established by informant tips, but these must be corroborated with other evidence and cannot be based on hearsay. In United States v. Ventresca, an officer's affidavit stating his belief that an illegal distillery was being operated at a certain location, based on his observations and those of his fellow officers, was deemed sufficient probable cause for a search warrant.
The scope of a search incident to an arrest has been a point of contention, particularly when it comes to the area in which the person is arrested. In Chimel, the Court held that officers may search areas within the arrestee's immediate control to alleviate any threat posed by them, and this can be extended if there is a potential threat from unseen third parties. In Harris v. United States, the Court approved the search of a four-room apartment following an arrest, which turned up evidence of a different crime than the one for which the arrest was made. However, in Trupiano v. United States, the Court reversed a conviction because officers failed to obtain a search warrant before raiding a distillery and seizing equipment.
The "open-fields doctrine" states that there is no reasonable expectation of privacy in the area outside the curtilage of a home, and searches of these areas do not raise Fourth Amendment issues. However, this does not mean that any area outside the curtilage is automatically considered an open field. In Oliver v. United States, the Court held that posting signs or fencing outer lands does not necessarily create a reasonable expectation of privacy.
The Exclusionary Rule, which is related to the Fourth Amendment, states that evidence seized in violation of the amendment may not be used in court. However, this does not apply if the search involves a private individual acting on their own, rather than a government agent. In Riley v. California, the Supreme Court ruled that police generally may not search digital information on a cell phone seized from an individual who has been arrested without a warrant.
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Government conduct
The Fourth Amendment protects individuals' reasonable expectation of privacy against government officers. This means that government conduct, including that of government employees and agencies, may be considered a search if it involves the examination of an area in which the defendant has a reasonable expectation of privacy.
For example, in Arizona v. Hicks, police officers entered the defendant's apartment under exigent circumstances, an exception to the warrant requirement for emergencies. They moved some objects and recorded the serial numbers of what they believed to be stolen stereo components. This was considered a search because the officers were directed by law enforcement personnel and the defendant had an expectation of privacy in their home.
The Fourth Amendment also applies to the government's acquisition of an individual's cell-site records, as in Collins v. Virginia (2018). Additionally, the amendment protects individuals from unreasonable searches of their homes, as in United States v. Olson, which states that a warrantless search of a home is per se unreasonable, subject to a few exceptions, such as when the search is conducted with the resident's consent.
In terms of government conduct, the Fourth Amendment also applies to stops and frisks by law enforcement officers, who may conduct a pat down of a person's outer clothing for weapons if they reasonably suspect that the person may be armed and dangerous. This was affirmed in the case of Terry v. Ohio (1968).
Furthermore, the Fourth Amendment protects individuals from unreasonable searches by private individuals acting as agents of the government, as in United States v. Buford. However, it does not apply to searches conducted by private individuals who are not acting as government agents or with the knowledge of government officials, as in United States v. Jacobsen.
In conclusion, government conduct that constitutes a search under the Fourth Amendment includes actions by government employees and agencies, as well as private individuals acting as government agents, that involve the examination of areas in which individuals have a reasonable expectation of privacy. This can include searches of homes, acquisition of cell-site records, and stops and frisks by law enforcement officers.
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Probable cause
The concept of probable cause balances an individual's right to privacy with the government's interest in maintaining public safety and order. It ensures that law enforcement actions are based on reasonable evidence rather than mere suspicion. The "reasonable suspicion" standard is a lower threshold than probable cause, providing law enforcement with a practical tool to investigate suspicious behaviour without a warrant or probable cause.
The determination of probable cause is flexible and dependent on the totality of the circumstances. This means that courts consider various factors in their entirety rather than evaluating them in isolation. The U.S. Supreme Court has attempted to clarify the meaning of probable cause on several occasions, but it remains an imprecise and fluid concept due to its reliance on context.
In the context of searches, probable cause can be established by in-court testimony after a warrantless search. For a search warrant, an affidavit or recorded testimony must support the warrant by indicating the basis for probable cause. A judge may issue a search warrant if the affidavit provides sufficient credible information to establish probable cause.
The requirement of probable cause for searches and seizures has been extended to include digital information on electronic devices. In Riley v. California (2014), the Supreme Court held that police generally may not, without a warrant, search digital information on a seized cellphone. This decision grouped cell phones with traditional items subject to court tests and rules for searches and seizures.
In conclusion, probable cause is a critical concept in criminal law, ensuring that law enforcement actions are justified and based on reasonable evidence. It plays a significant role in searches, seizures, and arrests, protecting individuals' rights while allowing the government to maintain public safety and order.
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Search incident to arrest
The Fourth Amendment protects people against unreasonable searches and seizures, and warrants are generally required for searches and seizures. However, in the case of a lawful custodial arrest, the Court has held that a full search of the person is reasonable under the Fourth Amendment and does not require a warrant. The Chimel rule has been qualified by the consideration that officers may extend the search beyond the arrestee's person if there may be a threat posed by "unseen third parties in the house." This "protective sweep" may be undertaken on less than probable cause if officers have a ""reasonable belief" that the area may harbor someone posing a danger.
The Court has also considered the scope of the search incident to arrest as it extends beyond the person to their premises or vehicle. In Harris v. United States, the Court approved a search of a four-room apartment pursuant to an arrest under warrant for one crime, where the search turned up evidence of another crime. However, in Trupiano v. United States, the Court reversed a conviction because officers had failed to obtain a search warrant despite having the time to do so.
In recent years, the Court has crafted new rules regarding searches following an arrest, particularly concerning the search of digital data contained in cell phones and compulsory breath and blood tests for drunk driving suspects. In Riley v. California, the Court distinguished between a limited physical search and a search of cell phones, which contain vast quantities of personal data. The Court noted that other means exist to secure data on a cell phone without performing a search. In Birchfield v. North Dakota, the Court examined whether compulsory breath and blood tests for drunk driving suspects are unreasonable under the search incident to arrest exception to the Fourth Amendment's warrant requirement. The Court concluded that the Fourth Amendment permits warrantless breath tests incident to arrests for drunk driving due to the slight impact on privacy and the state's paramount interest in preserving public safety.
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Remedy to unreasonable search and seizure
The Fourth Amendment to the United States Constitution protects individuals from unreasonable searches and seizures. Generally, evidence found through an unlawful search cannot be used in a criminal proceeding. The exclusionary rule is often a defendant's only remedy when police officers conduct an unreasonable search or violate the defendant's rights. The exclusionary rule states that evidence obtained without a valid warrant should be excluded due to unreasonable search and seizure.
The Fourth Amendment sets requirements for issuing warrants, including that they must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must particularly describe the place to be searched and the persons or things to be seized. The Fourth Amendment also protects the right of the people to be secure in their persons, houses, papers, and effects. This has been interpreted to include "conversation" and is not limited to physical locations.
There are, however, several exceptions to the warrant requirement. For example, a warrant is not required for vehicle searches when the officer has probable cause to believe that the vehicle contains contraband or evidence. Another exception is the "private view" exception, which allows officers to seize evidence in plain view, even if it is not listed on a search warrant, as long as they are lawfully on the premises or have stopped the vehicle for a lawful purpose.
In some cases, a third party with equal control over the property may consent to a search, and the consent must be voluntary. The legality of a search depends on whether it is reasonable, and this is determined by balancing the intrusion on an individual's Fourth Amendment rights against legitimate government interests, such as public safety.
In terms of remedies, the exclusionary rule allows defendants to seek to have evidence excluded from proceedings. However, it is important to note that qualified immunity protects government employees from being personally sued by the defendant, and officers can only be sued when no reasonable officer would believe that their conduct was legal.
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Frequently asked questions
Case law refers to past decisions made by judges that can be used as precedent within similar cases. Search case law pertains to the legality of searches and seizures, which are considered unreasonable if they are conducted without a legal search warrant, without probable cause, or if they extend beyond the scope of the warrant.
The Fourth Amendment protects individuals' reasonable expectation of privacy against government officers. It states that people have the right to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.
The Exclusionary Rule is a remedy to unreasonable search and seizure, which prevents evidence obtained via unreasonable means from being introduced in court. This is also known as the 'fruit of the poisonous tree'.
Probable cause is when there is a reasonable belief that a person, place, or automobile contains evidence of a crime. This belief must be supported by observations, investigations, or other evidence.
Some examples of search case laws include Arizona v. Hicks, Oliver v. United States, Jones v. United States, United States v. Ventresca, and United States v. Harris.
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