EPO 4

Question 1

What government conduct is regulated by the Fourth Amendment?

Answer 1

Right of the people…against unreasonable searches and seizures shall not be violated…

(Except for probable cause, supported by oath, a warrant describing the place/things to be searched)

This means that all search/seizure must be reasonable (correct level of suspicion compared with actions)

Question 2

What are the requirements imposed by the Fourth Amendment?

Answer 2

1. All searches and seizures must be reasonable
2. They must be conducted with a warrant based on PC or an established exception

Reasonable = PC + warrant
Or
Reasonable = PC + Court established warrant exception

Question 3

What is the Constitutional Analysis of the 4th Amendment?

Answer 3

1. Does the proposed conduct constitute a 4th Amendment seizure? (Does it even meet the definition)
2. If yes, is there a warrant, or a recognized exception to the warrant or probably cause requirement?
3. What level of suspicion is required to make the search or seizure constitutionally reasonable?
4. What statutory or policy restrictions impact upon the conduct and how do those restrictions impact the operations?

Question 4

What does it mean that a search/seizure is “reasonable”?

Answer 4

It is a commonly accepted term/standard that compares the agent’s “level of suspicion” (how certain the agent is that a violation of law has occurred) they had when they initiated the search or seizure to their conduct

Level of suspicion vs conduct