Does the Fourth Amendment protect all searches?
No. Before a court will even entertain the possibility that the search in question was unreasonable, the person being searched must have had a legitimate expectation of privacy. To determine whether the defendant had a legitimate expectation of privacy the courts will look at the following factors: (1) did the person subjectively or actually expect some degree of privacy, and (2) is the person’s expectation objectively reasonable, that is, one that society is willing to recognize?
EXAMPLE #1
The police install a hidden video camera in the shower area of a local fitness club. Most people who use the shower in their fitness club have a subjective expectation of privacy. Privacy in a shower area is an expectation that society is willing to recognize. Therefore, the installation of a hidden camera by the police in a fitness club’s shower area will be considered a search and subject to the Fourth Amendment’s requirement of reasonableness.
EXAMPLE #2
While John is making a telephone call in a glass enclosed phone booth; he places a bag of cocaine on top of the phone. A police officer walking by notices the bag and arrests John for possession of a controlled substance. At trial, John tries to argue that the search of the phone booth was unreasonable because the officer lacked a warrant. This argument will fail because the court will never even get to the reasonableness of the search.
When police find a bag of cocaine on the top of a phone in a phone booth, it is not a search for Fourth Amendment purposes. It is very unlikely that John would think that a public phone booth is a private place, and even if John did, society is not willing to extend the protections of privacy to public pay phones.
Additional Fourth Amendment Unreasonable Search & Seizure Rights FAQs
-
Q:
What Is A Search Warrant?
A: A search warrant is an order issued by a judge that authorizes police officers to conduct a search of a specific location. Before a search warrant may be issued, there … More -
Q:
What Is Probable Cause?
A: This is a difficult one. There is not a bright-line rule establishing precisely what is and what is not probable cause. However, what has become apparent is that a … More -
Q:
What If I Agree To The Search?
A: If you voluntarily consent to a search of your home, automobile, or person, than the officer can conduct a full search without a warrant. Anything that the officer … More -
Q:
If A Police Officer Knocks On My Door And Asks To Search My Home, Do I Have To Let The Officer In?
A: Unless the officer has a warrant, you are under no legal obligation to let the officer search your residence. -
Q:
What Is The Plain View Doctrine?
A: Police officers do not need a warrant to seize contraband that is in plain view if the officer is in a place that he or she has a right to be. EXAMPLE: Officer … More -
Q:
What Is The Fourth Amendment?
A: The fourth amendment is a constitutional amendment that protects individuals in the United States from unreasonable searches and seizures. The amendment states as … More -
Q:
What Is A Plea Bargain?
A: A plea bargain is an agreement in which the prosecutor and defendant arrange to settle the criminal case against the defendant. The defendant pleads guilty or … More
Civil Rights Sub-categories
|
Constitutional Law
Miranda Rights Right to Vote |
Second Amendment Gun Rights
Welfare |
