Fourth Amendment of the US Constitution -- Search and Seizure

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.

• History and Scope of the Amendment
  • History.
  • Scope of the Amendment.
  • The Interest Protected.
  • Arrests and Other Detentions.
  • Searches and Inspections in Noncriminal Cases.
  • Issuance by Neutral Magistrate.
  • Probable Cause.
  • Particularity.
  • First Amendment Bearing on Probable Cause and Particularity.
  • Property Subject to Seizure.
  • Execution of Warrants.
  • Detention Short of Arrest: Stop and Frisk.
  • Search Incident to Arrest.
  • Vehicular Searches.
  • Vessel Searches.
  • Consent Searches.
  • Border Searches.
  • “Open Fields”.
  • “Plain View”.
  • Public Schools.
  • Government Workplace.
  • Prisons and Regulation of Probation and Parole.
  • Drug Testing.
  • The Olmstead Case.
  • Federal Communications Act.
  • Nontelephonic Electronic Surveillance.
  • The Berger and Katz Cases.
  • Warrantless “National Security” Electronic Surveillance.
  • Alternatives to the Exclusionary Rule.
  • Development of the Exclusionary Rule.
  • The Foundations of the Exclusionary Rule.
  • Narrowing Application of the Exclusionary Rule.
  • Operation of the Rule: Standing.

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