The 4th Amendment Series
What is a Search?
The Court came up with a two part test in the Katz case: (1) Does the suspect have a subjective expectation of privacy, and (2) Does society recognize it as reasonable …
The Importance of Being Reasonable (Session No. 2)
The Test – The Golden Rule: When asking whether you can do a search or seizure without a warrant, just ask, “Is it reasonable?” We’ll get to the exceptions over the next several months, but always, always, start with that analysis.
The Background of the 4th Amendment (Session No. 1)
While there are several bright-line exceptions, each of those exceptions is an outgrowth of the basic principles of the Fourth Amendment. The Fourth Amendment simply prohibits police officers from conducting “unreasonable searches and seizures.”