What is the meaning of the term "search" in the context of the Fourth Amendment?

MultiRegion, United States of America

The following excerpt is from U.S. v. Kyllo, 190 F.3d 1041 (9th Cir. 1999):

The Fourth Amendment forbids an unreasonable search by the government. A search has been authoritatively defined as occurring " `when an expectation of privacy that society is prepared to consider reasonable is infringed.' " United States v. Karo, 468 U.S. 705, 712 (1984) (quoting United States v. Jacobsen, 466 U.S. 109, 113 (1984)). The term "search" is thus not itself a helpful term on which to focus. A court's attention is directed to the "expectation of privacy" and society's view of the reasonableness of the expectation.

Other Questions


Does the search and seizure provisions of the fourth and fifth amendment apply in the context of searches and seizures? (MultiRegion, United States of America)
Does a search and seizure under the Fourth Amendment need to be conducted in a non-criminal context? (MultiRegion, United States of America)
What is the test for qualified immunity in the context of a search of a home during which a police search resulted in a search warrant being issued for a drug dealer's home? (MultiRegion, United States of America)
Does Entick v Carrington constitute a search and seizure within the meaning of the Fourth Amendment? (MultiRegion, United States of America)
Can a person who entered the apartment door a crack for the purposes of a Fourth Amendment search, obtain a search warrant from the police? (MultiRegion, United States of America)
Is inventory search of a vehicle impounded by the police a reasonable search under the fourth amendment? (MultiRegion, United States of America)
What is the test for reasonable searches in the context of the Fourth Amendment? (MultiRegion, United States of America)
How does the Fourth Amendment protect privacy in the context of a search warrant application? (MultiRegion, United States of America)
Is there any Fourth Amendment value served if 6 Townes, who was convicted of possession of illegal firearms and narcotics, reaps the financial benefit he seeks from the suppression of evidence obtained in violation of the Fourth Amendment? (MultiRegion, United States of America)
How has the Fourth Amendment been interpreted in the context of searches and seizures? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.