Searches

Question 1

GOVERNMENTAL CONDUCT

Answer 1

The Fourth Amendment generally protects only against governmental
conduct (that is, police officers, other government agents, or private individuals acting at the direction of the public police). It does not protect against searches by privately paid police unless they are deputized as officers of the public police.

Question 2

REASONABLE EXPECTATION OF PRIVACY

Answer 2

There are two ways in which searches and seizures can implicate
an individual’s Fourth Amendment rights: (1) search or seizure by a
government agent of a constitutionally protected area in which the individual had a reasonable expectation of privacy; or (2) physical
intrusion by the government into a constitutionally protected area to obtain information.

Question 3

Standing

Answer 3

A person must have standing to object to a governmental search.
To have a Fourth Amendment right, a person must have their own reasonable expectation of privacy with respect to the place searched or the item seized

Question 4

Search Warrant

Answer 4

criminal law enforcement officers must have a warrant to
conduct a search unless it falls within one of the six exceptions to the
warrant requirement. There are two core requirements for a facially
valid search warrant: probable cause and particularity.