What is a Fourth Amendment "Search?"

The Legal Seagull: Law | Litigation | Self-Help | Legal History

The Fourth Amendment of the United States Constitution prohibits “unreasonable searches and seizures.” For a police intrusion to be unconstitutional, it must be both: (a) a “search” AND (2) “unreasonable.” In this episode, we focus on the Supreme Court’s interpretations of a SINGLE word in the Fourth Amendment: “searches.” “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. (emphasis added).” You might be wondering, “What’s the big deal? A “search” is a search!” As with many constitutional issues- the more we learn- the more questions arise. In these times of rapid technological advances, when law enforcement agencies utilize everything from miniature cameras, drones, monitoring devices, GPSes, and drug-sniffing dogs, the meaning of “searches” has become more elusive than ever before.