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The Fourth Amendment - Unreasonable Search and Seizure - Findlaw If the conduct challenged does not fall within the Fourth Amendment, the individual will not enjoy protection under Fourth Amendment. The focus is analytic and predictive, rather than prescriptive. It protects against arbitrary arrests, and is the basis of the law regarding search warrants, stop-and-frisk, safety inspections, wiretaps, and other forms of surveillance, as well as being central to many other criminal law topics and to privacy law. InKatz, for instance, the defendant made a telephone call not from his home, but from a public phone booth, which could be seen by anyone on the street, including the police. This category only includes cookies that ensures basic functionalities and security features of the website. But what happens when technology takes us out of the realm of physical walls and doors, causing us to lose at least some ability to understand the boundaries the Fourth Amendment sets on government searches and seizures? Your email address will not be published. The Fourth Amendment and questionable analogies Our electronic age has decidedly outdated the go-to analyses for questions about the Fourth Amendment, leaving courts to reach for nondigital analogs for new technology. However, a state may not use a highway checkpoint program whose primary purpose is the discovery and interdiction of illegal narcotics.City of Indianapolis v. Edmond, 531 U.S. 32 (2000). font-weight: bold; This is where we start to lose the thread of the Fourth Amendments intent. } img.emoji { url("https://use.fontawesome.com/releases/v5.11.2/webfonts/fa-solid-900.woff") format("woff"), Second, the person being seized must submit to the authority. The Fourth Amendment to the US Constitution seems straightforward on its face: At its core, it tells us that our "persons, houses, papers, and effects" are to be protected against "unreasonable searches and seizures." h4.dudi { amend. During a recent conversation on Twitter with Orin Kerr, Jacob Appelbaum, and Jennifer Granick, we discussed the fact that interpretations that involve physical spaces and objects can generally be understood by the average citizen, as our intuitions make good guides when deciding what is and is not private in the physical, tangible world. The Just Security Podcast: How Should the Press Cover Democracy?