Search and Seizure: Fourth Amendment Analysis


When deciding if there has been a violation of an individual’s Fourth Amendment rights, a court might follow this analysis:


1. Was there a search warrant?

a. Was the affidavit proper

b. Was the search proper

2. Was there an expectation of privacy?

a. Actual expectation

b. Reasonable expectation

3. Was there an unreasonable search or seizure?

4. Was there an exception to the warrant requirement?

5. Should the exclusionary rule apply?