What are the two clauses of the 4th Amendment?
- Searches and seizures must be reasonable
2. Warrants must be supported by probable cause
General Approach to 4th Amendment (4 things GSWR)
- Requires Government Action
- Must qualify as a “search” or “seizure”
- If there is a search or seizure, ask if there is a warrant?
- If there is no warrant, ask it is reasonable?
Is the 4th Amendment limited to citizens?
No. SCOTUS has held that businesses/corps are also covered.
Can 4th Amendment rights be vicariously asserted?
No. A defendant cannot challenge a search against a codefendant.
Is the 4th Amendment limited to Police Officers?
No. the 4th Amendment is not limited to police activity; it covers conduct by other public employees, e.g., firefighters, public school teachers, housing inspectors. etc.
Searches of “Persons” include: W. E. I. OC
- Whole Body (as when he is arrested)
- Exterior of the D’s body, including clothing (when patted down for weapons).
- Interior of the D’s body (e.g., blood/urine)
- Oral Communications (e.g., conversations monitored via electronic surveillance.
Searches of Houses include:
- Structures used as residences, including those used on a temporary basis, such as a hotel room;
- Buildings attached to the resident, e.g., a garage.
- Buildings not physically attached but nonetheless used for intimate activities of the home, e.g., a shed
- The curtilage of the home, which is the land immediately surrounding the house
NOTE: unoccupied and undeveloped property beyond the curtilage of the home “open fields” fall outside the amendment.
Searches of Papers encompass:
- Personal Items such as letters, diaries, as well as
2. impersonal business records
Searches of Effects include:
All other items not houses or papers, e.g., luggage automobiles, clothing, furnishings, etc.
