Searches, Seizures, and Warrants: A Reference Guide to the United States Constitution

By Robert M. Bloom | Go to book overview

Analysis—Government Action

INTRODUCTION

The Bill of Rights, or the first 10 amendments to the U.S. Constitution, was designed as a method to protect citizens against the power of the central government. Thus, in order for the Fourth Amendment to apply, we must first have some sort of governmental conduct as opposed to private conduct. The second requirement is that the government conduct in question must be regarded as a search and seizure in order to implicate the Fourth Amendment. Conduct that is regarded as search and seizure is that conduct in which an individual has a reasonable expectation of privacy from intrusion. A reasonable expectation, discussed in the next section, is that which the majority of the Supreme Court says is reasonable.


PRIVATE ACTION

As early as 1921, in Burdeau v. McDowell, the Court held that private procurement of evidence was not governed by the Fourth Amendment. In Burdeau, the petitioner had been discharged from the company he worked at for misconduct. When representatives of the company and their hired private detectives took possession of the petitioner's office, they removed papers from his desk and office safe. Shortly after discovering the papers, a representative from the company forwarded a letter found in the petitioner's desk to the U.S. Attorney General's office indicating that the company had papers in its possession that might prove useful to the Department of Justice's investigation of petitioner's alleged fraudulent use of the mails. In allowing the government to use the evidence, the Court said, “The Fourth Amendment gives protection against unlawful searches…its protection applies to governmental action. Its origin and history clearly show that it was intended as a restraint upon the activity of the sovereign authority.” The Fourth Amendment, which was part of the so-called Bill of Rights, was designed to protect the individual from the power of the government. Although the property of the

-39-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Searches, Seizures, and Warrants: A Reference Guide to the United States Constitution
Table of contents

Table of contents

  • Title Page iii
  • Contents v
  • Series Foreword ix
  • Foreword xiii
  • Introduction xvii
  • Part I 1
  • Analysis-history 3
  • Analysis-exclusionary Rule 19
  • Analysis-government Action 39
  • Analysis-applicabllity of the Fourth Amendment Expectation of Privacy 45
  • Analysis-arrest and Criminal Searches-justification-probable Cause 55
  • Analysis-stops-justification-reasonable Suspicion 63
  • Analysis-administrative Searches-justification-reasonable Standards 75
  • Analysis-warrants 91
  • Analysis-warrant Exceptions 101
  • Analysis-consent 113
  • Part II 119
  • Bibliographic Essay 121
  • Table of Cases 165
  • Index 171
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 182

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.