Tira Hickling
American Government- OL2- DEC11
Instructor : Art Finkle
Week 1- Writing Assignment
4Th Amendment:
Protects Against Unreasonable
Searches and Seizures
This amendment means that the rights of the
people are to be secure in their persons, houses,
papers, and effects, against unreasonable
searches and seizures, shall not be violated, and
no warrants shall be issued, 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. Search
and arrest should be limited in scope according to
specific information supplied to issuing court,
usually by a law enforcement officer, who has
sworn by it.
In the case of Mapp vs. Ohio, 367 U.S. 643
(1961), the Supreme Court ruled that the
Fourth Amendment applies to the states by
way of the Due Process Clause of the 14th
Amendment.
This clause means it prohibits state and local
governments from depriving persons of life,
liberty, or property without certain steps being
taken to ensure fairness.
In Katz vs. United States, 389 U.S 347 (1967),
the Supreme Court ruled that the amendment's
protections apply only when the searched
party has a "reasonable expectation of privacy".
The expectation of privacy is a legal test which
is crucial in defining the scope of the
applicability of the privacy protections of the
4th Amendment. It is related to, but is not the
same thing as a right of privacy.
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Two types:
A subjective expectation of privacy is an
opinion of a person that a certain location or
situation is private. These obviously vary
greatly from person to person.
An objective, legitimate or reasonable
expectation of privacy is an expectation of
privacy generally recognized by society.
A person's residence
or hotel room and
public places which
have been specifically
provided by
businesses or the
public sector to ensure
privacy, such as
public restrooms,
private portions of
jailhouses or phone
booths.
In general, one cannot have a reasonable
expectation of privacy regarding things open
to the public.
Example of non privacy rights : garbage left for
collection in a public place, account records
held by the bank, a person's physical
characteristics (including blood, hair,
fingerprints, fingernails and the sound of your
voice), what the naked eye can see below in
public air space (without the use of special
equipment), anything in open fields (eg. barn),
odors emanating from your car or luggage and
paint scrapings on the outside of your car.
The police have the power to search and seize, but
individuals are protected against Arbitrary, unreasonable
police intrusions.
The safeguards enumerated by the 4th Amendment
only apply against state action, namely action taken by a
governmental official or at the direction of a governmental
official.
Bugging, wiretapping and other related snooping activity
performed by purely private citizens, such as private
investigators, do not receive 4th Amendment scrutiny
The 4th amendment does NOT cover automobiles.
There are instances where people are protected
because of the Freedom from unrestricted search
warrants.
The Carroll Doctrine came into effect protecting the
government from such instances. There are still
exceptions to the rule:
Probable Cause and Reasonable Suspicion, Arrest
and Miranda, The Search Warrant Requirement,
Exceptions to Warrant Requirement, The
Exclusionary Rule and the Fruit of the Poisonous
Tree Doctrine, The Knock and Announce
Requirement and Search and Seizure at Public
Schools .
The essence of that protection is a prohibition
against some modes of law enforcement because
the cost of police intrusion into personal liberty is
too high, even though the intrusion undoubtedly
would result in an enormous boon to the public if
the efficient apprehension of criminals were the
sole criterion to be considered. 'The easiest course
for law enforcement officials is not always one
that our Constitution allows them to take.