Protects against unreasonable searches and seizures by the government.
Does not protect against all searches and seizures, only those deemed unreasonable.
Reasonableness determined by balancing individual rights vs. government interests, e.g., public safety.
Factors Affecting Protection
Location: Level of protection varies based on where the search/seizure occurs.
Case Reference:Minnesota v. Carter, 525 U.S. 83 (1998).
Searches in the Home
Searches without a warrant are typically unreasonable (Payton v. New York, 445 U.S. 573 (1980)).
Exceptions
Consent given (Davis v. United States, 328 U.S. 582 (1946)).
Incident to a lawful arrest (United States v. Robinson, 414 U.S. 218 (1973)).
Probable cause and exigent circumstances (Payton v. New York, 445 U.S. 573 (1980)).
Items in plain view (Maryland v. Macon, 472 U.S. 463 (1985)).
Searches of a Person
Officers can stop and investigate suspicious conduct (Terry v. Ohio, 392 U.S. 1 (1968), Minnesota v. Dickerson, 508 U.S. 366 (1993)).
Searches in Schools
School officials do not need a warrant; searches just need to be reasonable (New Jersey v. TLO, 469 U.S. 325 (1985)).
Searches of Vehicles
Probable Cause: Allows search of any part of the vehicle for evidence (Arizona v. Gant, 129 S. Ct. 1710 (2009)).
Traffic Stops: Can occur with reasonable suspicion of a traffic violation or crime (Berekmer v. McCarty, 468 U.S. 420 (1984), United States v. Arvizu, 534 U.S. 266 (2002)).
Pat-Downs: Permitted during lawful stops (Arizona v. Johnson, 555 U.S. 323 (2009)).
Drug-Sniffing Dogs: Do not require suspicion during valid stops (Illinois v. Cabales, 543 U.S. 405 (2005)).
Special Law Enforcement Concerns
Highway stops can be justified without individualized suspicion (Illinois v. Lidster, 540 U.S. 419 (2004)).
Routine border searches are permissible (United States v. Montoya de Hernandez, 473 U.S. 531 (1985)).
Sobriety checkpoints are allowed (Michigan Dept. of State Police v. Sitz, 496 U.S. 444 (1990)).
Checkpoints for crime investigation allowed if brief (Illinois v. Lidster, 540 U.S. 419 (2004)).
Checkpoints for drug discovery are not allowed (City of Indianapolis v. Edmond, 531 U.S. 32 (2000)).
Activities for Students
Simulations and activities focus on Bill of Rights cases for teens.
Disclaimer
Educational resources provided by the Administrative Office of the U.S. Courts for educational purposes only, not legal guidance.