Search results
Results from the WOW.Com Content Network
The reasonable expectation of privacy is crucial in distinguishing a legitimate, reasonable police search and seizure from an unreasonable one. A "search" occurs for purposes of the Fourth Amendment when the Government violates a person's "reasonable expectation of privacy". [3] In Katz v.
According to the Supreme Court, the Fourth Amendment regulates government conduct that violates an individual's reasonable expectation of privacy. But no one seems to know what makes an expectation of privacy constitutionally "reasonable." [...] Although four decades have passed since Justice Harlan introduced the test in his concurrence in Katz v.
Instead of the Fourth Amendment protecting private spaces defined by physical boundaries, The Court defined private spaces as where there is a "reasonable expectation of privacy." [2] Since Katz, additional case law has defined the scope of "reasonable expectation of privacy" to include cellphones [3] and location data gathered by cellphones. [4]
Followed by the states in 1791, the Fourth Amendment to the United States Constitution was enacted in 1792, holding: . 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 ...
Not only is the expectation of privacy less at the border than in the interior, [2] [3] the Fourth Amendment balance between the interests of the government and the privacy right of the individual is also struck much more favorably to the government at the border. [4]
Maryland, [6] which dealt with the privacy of telephone records, established the concept of a third-party doctrine that has been used by the courts to determine to what extent Fourth Amendment protection expectation of privacy covers. This doctrine generally finds that information that a person provides voluntarily to a third-party no longer is ...
United States (1967), confirmed the expectation of privacy in one's home, and limited the means by which the government can explore the home without a warrant. Scalia referred to the bright line drawn at the entrance of a home, where the Fourth Amendment is said to recognize a heightened expectation of privacy. [16]
Smith v. Maryland, 442 U.S. 735 (1979), was a Supreme Court case holding that the installation and use of a pen register by the police to obtain information on a suspect's telephone calls was not a "search" within the meaning of the Fourth Amendment to the United States Constitution, and hence no search warrant was required.