Isabella Carter
The Fourth Amendment to the US Constitution protects individuals from unreasonable searches and seizures. Generally, evidence found through an unlawful search cannot be used in a criminal proceeding. Most searches of private property must be supported by a warrant, which must be based on probable cause and must describe the place to be searched and the people or items to be seized. However, there are exceptions to the warrant requirement, such as vehicle searches when the officer has probable cause to believe the vehicle contains contraband, or when the evidence is in plain view. The constitutionality of a search depends on various factors, including the presence of a warrant, probable cause, and the individual's reasonable expectation of privacy.
| Characteristics | Values |
|---|---|
| Search and seizure | Requires a warrant, except in certain situations such as vehicle searches with probable cause |
| Warrants | Must be based on probable cause, supported by oath or affirmation, and describe the place to be searched and the people or items to be seized |
| Consent searches | Consent must be voluntary and aware; the burden is on the prosecution to prove this |
| Telephone search warrants | Upheld as constitutional by the courts |
| Tracking devices | Officers must obtain judicial approval if the device is to be used in a constitutionally protected area |
| DNA cheek swab | Legitimate police booking procedure that is reasonable under the Fourth Amendment |
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Consent searches
The three main categories of consent searches are searches of a house, automobile, or pedestrian. In the case of a house search, a third party with "common authority over or other sufficient relationship to the premises" can grant consent. For example, in United States v. Matlock, the Supreme Court held that a co-occupant of a house had the authority to consent to a search of the premises. However, in Stoner v. California, it was determined that a hotel desk clerk could not give valid consent to search a guest's room.
For automobile searches, an officer must have probable cause or a reasonable suspicion of a traffic or safety violation, or other criminal activity, to stop a vehicle. Once a vehicle is stopped, passengers and the driver are considered seized, and the officer may request consent to search the vehicle. In Ohio v. Robinette, the Supreme Court decided that an officer does not need to inform a driver that they are free to go before requesting consent to search their vehicle. This is because the encounter is considered consensual and outside the protection of the Fourth Amendment.
During a consent search, individuals have the right to refuse or revoke consent at any time, except in limited cases such as airport screenings and prison visitor searches. However, law enforcement officers are not required to inform individuals of their right to refuse consent, and consent is not always necessary for a search to be deemed voluntary. The prosecution in a criminal trial using search results as evidence must prove that consent was given voluntarily and without coercion. Courts consider the totality of the circumstances to determine whether consent was freely given.
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Vehicular searches
The Fourth Amendment protects US citizens from "unreasonable searches and seizures". This generally means that government agents, such as police officers, must obtain a search warrant before searching a person or their property.
However, vehicular searches are an exception to this rule. In the early days of the automobile, the Court created an exception for searches of vehicles, holding in Carroll v. United States that vehicles may be searched without warrants if the officer undertaking the search has probable cause to believe that the vehicle contains contraband. The Court explained that the mobility of vehicles would allow them to be quickly moved from the jurisdiction if time were taken to obtain a warrant.
This exception has been upheld in several key Supreme Court decisions, including:
- Colorado v. Bannister, where the Court found that an automobile's "ready mobility [is] an exigency sufficient to excuse failure to obtain a search warrant once probable cause is clear".
- Pennsylvania v. Labron, where the Court stated that "if a car is readily mobile and probable cause exists to believe it contains contraband, the Fourth Amendment permits a warrantless search".
- Maryland v. Dyson, where the Court upheld that probable cause is sufficient and that the automobile exception does not require a separate finding of exigent circumstances.
- United States v. Johns, where the Court upheld a search of a vehicle that had been in police custody for three days prior, based on probable cause and without requiring exigent circumstances.
- California v. Carney, where the Court applied the motor vehicle exception to a motor home, distinguishing between readily-mobile motor homes and parked mobile homes.
It is important to note that police officers cannot make random stops of vehicles on the roads. Instead, they must base stops of individual vehicles on probable cause or some "articulable and reasonable suspicion" of a traffic or safety violation, or some other criminal activity. Once a vehicle has been validly stopped, officers may conduct a protective search of areas where a weapon could be placed or hidden if they have reasonable suspicion that weapons may be present. They may also seize contraband and suspicious items in plain view inside the passenger compartment.
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Search warrants
The Fourth Amendment states: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, 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." This means that for a search warrant to be valid, it must be based on probable cause, sworn under oath, and specifically outline the location and items to be searched.
The process of obtaining a search warrant typically involves law enforcement officers presenting a judge with evidence or reasonable grounds to suspect that a crime has been committed and that evidence related to the crime may be found at a specific location. This evidence may come from the officer's personal observations or from a credible informant. The judge then issues the warrant, authorising officers to conduct the search within a specified scope.
While the Fourth Amendment strongly favours the use of search warrants, there are certain exceptions where warrantless searches are deemed reasonable. These exceptions often involve exigent circumstances, where immediate action is necessary to protect public safety, prevent the destruction of evidence, or ensure officer safety. For example, during a lawful arrest, officers may search an individual and their immediate surroundings for weapons without a warrant. Similarly, in "'hot pursuit' cases, officers can enter private property without a warrant to pursue a fleeing felon.
It is important to note that evidence obtained without a valid search warrant may be subject to the exclusionary rule, which prevents illegally obtained evidence from being admitted in a court of law. This rule acts as a safeguard against potential abuses by law enforcement and protects the constitutional rights of citizens.
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Tracking warrants
The use of tracking warrants has been a topic of legal discussion and has been addressed in various court cases, particularly regarding the Fourth Amendment and its protections against unreasonable searches and seizures. The Fourth Amendment states that people have the right to be secure in their persons, houses, papers, and effects, and that no warrants shall be issued without probable cause.
In the context of tracking warrants, the U.S. Court of Appeals for the Third Circuit ruled in United States v. Katzin that law enforcement officers must obtain a valid warrant before installing a Global Positioning System (GPS) device on a suspect's vehicle. This decision built upon the U.S. Supreme Court's ruling in United States v. Jones, which held that installing a GPS tracking device constitutes a search under the Fourth Amendment. The Katzin case involved a string of burglaries in which law enforcement officers, without obtaining a warrant, installed a GPS tracking device on the suspect's van.
The court's decision in Katzin reaffirmed the protection against unreasonable searches provided by the Fourth Amendment. With the advancements in technology, law enforcement can continuously monitor individuals with minimal resources. Therefore, it is crucial to uphold constitutional safeguards that are in line with technological advancements.
The "vehicle exception" or "automobile exception" is a relevant concept in this discussion. This doctrine states that law enforcement officers need probable cause but not a warrant to search a vehicle for evidence of a crime. The expectation of privacy in one's vehicle is lower than in one's home, where the highest level of privacy is expected. However, in the Katzin case, the court rejected the government's argument that the automobile exception applied to GPS searches. The court held that the exception only permits warrantless searches of a vehicle when there is probable cause to believe that the vehicle contains evidence of a crime, which was not the case in Katzin.
The amendment to Rule 41(a) in the Federal Rules of Criminal Procedure also addresses tracking warrants. It clarifies that a warrant may be issued in a district for a person or property that is moving into or through a district or might move outside the district during the execution of the warrant. This amendment further emphasizes the constitutional preference for warrants and the authority of federal magistrates to issue them.
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Seizures
The Fourth Amendment to the United States Constitution prohibits the federal government from conducting unreasonable searches and seizures. This means that police cannot search a person, their home, or their vehicle without a warrant or probable cause.
The Fourth Amendment is often viewed as two clauses. The first clause protects the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. This means that individuals have the right to privacy and security in their personal space, and the government cannot intrude or search without a valid reason and proper authorisation.
The second clause of the Fourth Amendment addresses the requirements for issuing warrants. Warrants must be issued by a judge or magistrate and must be justified by probable cause, supported by an oath or affirmation. The warrant must also specifically describe the place to be searched and the persons or things to be seized. This ensures that the government cannot conduct arbitrary or excessive searches and seizures.
In the context of seizures, the Fourth Amendment protects individuals from unreasonable seizures of their person or property. A seizure occurs when a government agent, such as a police officer, applies physical force or demonstrates authority to restrain the liberty of a citizen. For example, if a police officer physically stops an individual from leaving or takes possession of their property, it would be considered a seizure under the Fourth Amendment.
It's important to note that not all interactions between police officers and citizens involve a seizure. Consensual or voluntary conversations, for instance, do not trigger Fourth Amendment protection. It is only when the interaction becomes non-consensual or involuntary, where a reasonable person would feel they are not free to leave, that a seizure may be considered to have occurred. Additionally, for a seizure to take place, the person must yield to the show of authority; otherwise, it is considered an attempted seizure that falls outside the protection of the Fourth Amendment.
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Frequently asked questions
The Fourth Amendment protects individuals from unreasonable searches and seizures. It states that no warrants shall be issued without probable cause.
Unreasonable searches and seizures include any invasion of an area where a person has a reasonable expectation of privacy without substantial justification. For example, without a warrant, the police may not search digital information on a cell phone.
A warrant is not required when officers have probable cause to believe that a vehicle contains contraband, when evidence is in plain view, or when it is in an "open field" where there is no reasonable expectation of privacy.
Yes, Fourth Amendment rights may be waived if a person consents to a search. However, the burden is on the prosecution to prove that the consent was given voluntarily and that the person was aware of their right to refuse consent.
Evidence obtained through an unlawful search is generally inadmissible in a criminal trial.
