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A "search" occurs for purposes of the Fourth Amendment when the Government violates a person's "reasonable expectation of privacy". [3] In Katz v. United States , 389 U.S. 347 (1967) Justice Harlan issued a concurring opinion articulating the two-prong test later adopted by the U.S. Supreme Court as the test for determining whether a police or ...
Johnson v. United States, 333 U.S. 10 (1948), was a significant United States Supreme Court decision addressing search warrants and the Fourth Amendment.In this case, where federal agents had probable cause to search a hotel room but did not obtain a warrant, the Court declared the search was "unreasonable."
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]
The Bill of Rights in the National Archives. The Fourth Amendment (Amendment IV) to the United States Constitution is part of the Bill of Rights.It prohibits unreasonable searches and seizures and sets requirements for issuing warrants: warrants must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must particularly describe the place to be ...
[A]n individual may not legitimately demand privacy for activities conducted out of doors in fields, except in the area immediately surrounding the home...The [Fourth] Amendment reflects the recognition of the Framers that certain enclaves should be free from arbitrary government interference. For example, the Court since the enactment of the ...
Fourth Amendment rights and religious freedom were key arguments in the legal battle between the Texas AG and El Paso's Annunciation House.
The US Supreme Court reversed the decision of the Florida Supreme Court with a four-vote plurality, arguing that the accused did not have a reasonable expectation that the greenhouse was protected from aerial view, and thus that the helicopter surveillance did not constitute a search under the Fourth Amendment. However, the Court stopped short ...
United States v. Miller, 425 U.S. 435 (1976), was a United States Supreme Court that held that bank records are not subject to protection under the Fourth Amendment to the United States Constitution. [1] The case, along with Smith v. Maryland, established the principle of the third-party doctrine in relation to privacy rights.