TITLE

CONSENT, EXPECTATIONS OF PRIVACY, AND THE MEANING OF "SEARCHES" IN THE FOURTH AMENDMENT

AUTHOR(S)
Goldberger, Peter
PUB. DATE
June 1984
SOURCE
Journal of Criminal Law & Criminology;Summer1984, Vol. 75 Issue 2, p319
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The article discusses the definition of searches and seizures derived from the language of the fourth amendment to the U.S. Constitution. The fourth amendment to the U.S. Constitution protects the security of the people in their persons, houses, papers and effects against unreasonable searches and seizures. The extent of this protection depends in large part upon judicial construction of two of the amendment's phrases searches and seizures and unreasonable. If official behavior affecting the security of the people in their houses, for example, is not viewed as a search or seizure, it is not governed by the fourth amendment and need not even be reasonable to be lawful, so far as that amendment is concerned. Likewise, even if police conduct affecting people's physical security is understood to be a search, the fourth amendment is no bar to the intrusion when official actions of that kind are viewed by judges' as reasonable. The Supreme Court developed the currently prevalent definition of search to explain the extension of fourth amendment protection, in Katz V. U.S. to conversations electronically overheard without physical trespass and, in Terry v. Ohio to the external pat-down of a suspect's clothing.
ACCESSION #
17544686

 

Related Articles

  • FOURTH AMENDMENT--DETERMINING THE REASONABLE LENGTH OF A TERRY STOP. Kulowiec, David J. // Journal of Criminal Law & Criminology;Winter1985, Vol. 76 Issue 4, p1003 

    This note examines the U.S. Supreme Court's decision in United States v. Sharpe. In this case, the U.S. Supreme Court considered whether a police officer violated an individual's fourth amendment rights when the officer detained the suspect without probable cause for arrest. The Supreme Court...

  • `Business curtilage' and the Fourth Amendment: reconciling Katz with the Common Law. Broughton, J. Richard // Delaware Journal of Corporate Law;1998, Vol. 23 Issue 2, p513 

    Discusses the concept of business curtilage in relation to the Fourth Amendment jurisprudence and the inconsistency in the Supreme Court's decision in `Katz v. United States.' Historical origins of the Fourth Amendment protection in search and seizure; Application to business property; Business...

  • From Katz to Greenwood: Abandonment gets recycled from the trash pile--Can our garbage be saved... Lemole, John E. // Case Western Reserve Law Review;1991, Vol. 41 Issue 2, p581 

    Proposes a method of resolving search-and-seizure issues within the factural framework of curbside trash reconnaissance. Focus on the Supreme Court cases `Katz v. United States' and `California v. Greenwood'; History of Fourth Amendment analysis; Analysis of behavioral manifestations as a...

  • PARTICULARIZED SUSPICION, CATEGORICAL JUDGMENTS: SUPREME COURT RHETORIC VERSUS LOWER COURT REALITY UNDER TERRY V. OHIO. Harris, David A. // St. John's Law Review;Summer/Fall98, Vol. 72 Issue 3/4, p975 

    The article presents the views of the United States Supreme Court and lower case regarding the Terry v. Ohio case. It states that the Supreme Court emphasizes the importance of reasonable suspicion while the lower courts have defined categories for police to stop or to frisks in different...

  • New Developments in Search & Seizure Law. Jamison, M. K. // Army Lawyer;Apr2006, Issue 395, p9 

    The article discusses a search and seizure case handed down during the U.S. Supreme Court's October 2004 Term and offers a preview of upcoming cases for its October 2005 Term. It changed the Fourth Amendment jurisprudence in Katz v. United States by establishing a threshold expectation of...

  • THE FOURTH AMENDMENT AND NEW TECHNOLOGIES: THE MISAPPLICATION OF ANALOGICAL REASONING. McAllister, Marc // Southern Illinois University Law Journal;Spring2012, Vol. 36 Issue 3, p475 

    The article offers information on the misapplication of analogical reasoning, a judicial decision-making toolkit, in the Fourth Amendment of the U.S. Constitution. It discusses several cases of emerging technologies for empirical assessment of search claim under Fourth Amendment of the U.S....

  • The Fourth Amendment's Governmental Action Requirement: The Weapon of Choice in the War Against Child Exploitation. Balise, Ryan D.; Lundgren, Gretchen // New England Journal on Criminal & Civil Confinement;Spring2015, Vol. 41 Issue 2, p303 

    The article examine constitutional implications of actions of electronic service providers (ESPs) to voluntarily scan their customers' email transmissions and electronic storage spaces. It mentions litigation resulting from the use of automated scanning for child pornography by ESP to the...

  • The Lost "Effects" of the Fourth Amendment: Giving Personal Property Due Protection. BRADY, MAUREEN E. // Yale Law Journal;Feb2016, Vol. 125 Issue 4, p946 

    In addition to "persons, houses, [and] papers," the Constitution protects individuals against unreasonable searches and seizures of "effects." However, "effects" have received considerably less attention than the rest of the categories in the Fourth Amendment. Recent Supreme Court opinions on...

  • BEWARE THE FRIENDS YOU KEEP AND THE PLACES YOU SLEEP: THE FOURTH AMENDMENT'S LIMITED PROTECTION OVER VISITORS AND THEIR BELONGINGS. PRESTON, ALYSHA C. // St. John's Law Review;Spring2016, Vol. 90 Issue 1, p207 

    The article focuses on the mystery of Fourth Amendment law with the unreasonable searches and seizures and the reasonable expectation of privacy and the decision of the U.S. Supreme Court in the case Katz v. United States. Topics discussed include decision of the Arizona Supreme Court in State...

Share

Read the Article

Courtesy of THE LIBRARY OF VIRGINIA

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics