The Privacy Amendment, or Fourth Amendment, protects citizens from unreasonable search and seizure by government agents. Police must have probable cause or a warrant to search private places. Judges use subjective and objective tests to evaluate privacy expectancy. Exceptions to the law exist for emergencies, plain sight seizures, workplace computers, waste stored outside, and vehicle checkpoints. The US Patriot Act relaxed some privacy laws to protect against terrorism.
The Privacy Amendment refers to the Fourth Amendment to the United States Constitution which protects citizens from unreasonable search and seizure. It assumes that people enjoy the right to privacy in certain places and protect them from encroachment by government agents. The Privacy Amendment applies to places where there is an expectation of privacy from the general population. Police officers must prove probable cause that a crime was committed, or obtain a search warrant in some cases, to avoid breaking the law.
When the Privacy Amendment is challenged in court, judges evaluate privacy expectancy using two tests, defined as subjective and objective. The subjective test determines whether a person truly believes they are occupying a private place, such as a public restroom. The objective test examines whether a reasonable person in similar circumstances would expect privacy. If both tests favor a defendant, evidence gathered by law enforcement in violation of the Privacy Amendment is inadmissible in court under the exclusionary rule.
Seizure refers to the use of force to detain a citizen or take possession of property. Under the Fourth Amendment, the police are authorized to detain a person without a warrant for their arrest in an emergency situation where a person or the public could be in danger. When immediate action is needed and there is no time to obtain a warrant, an officer does not violate the Privacy Amendment by detaining a citizen. The same emergency exception applies to entering a facility or vehicle without a search warrant.
If there is no emergency, a warrant is usually needed before a search is conducted. The warrant request must outline the circumstances that led the police to believe that a crime had been committed and that you committed the crime. The warrant lists the address being searched and the specific items the officers intend to seize. A judge evaluates the merits of the request before issuing a warrant or denying the request. Warrants could be signed for an arrest, a search, or both.
Two types of warrants may be served, depending on the foreseeable circumstances. One type requires law enforcement to announce their presence and identify themselves. The second type allows unannounced entry if a warning could lead to the destruction of evidence, such as flushing drugs down the toilet.
When executing a search warrant, officers may seize items in plain sight even if the property is not listed on the document. The simple vision doctrine does not violate the Privacy Amendment, the courts ruled. Exceptions to the law also allow police to search a person who is arrested, based on the officers’ need for security.
The privacy amendment has been the subject of court disputes over the years, particularly in the technology industry. The courts have ruled that workplace computers and workplace internet use do not carry any privacy expectations. An employer who monitors computer use and imposes restrictions on Internet use does not violate the Fourth Amendment when it examines an employee’s computer.
Similar exceptions to the law exist for waste stored outside for collection and use by a vehicle on a public road. Vehicle checkpoints for drivers with disabilities are legal under the Privacy Amendment because the need for public safety outweighs a motorist’s expectation of privacy while in his or her vehicle. The US Patriot Act relaxed some privacy laws to protect the public from terrorism. Government agents can search the phones, libraries, medical records, emails, and financial records of U.S. citizens without a warrant when terrorism is suspected.
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