What is a "search" within the meaning of the Fourth Amendment? From: Albany Law Review | Date: December 22, 2006| Author: | COPYRIGHT 2006 Albany Law School. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information) Copyright information

I. INTRODUCTION

The Fourth Amendment protects "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." (1) In analyzing any Fourth Amendment issue, two separate questions must be answered: Is the Amendment applicable; and (2) If so, is it satisfied? (2) To be applicable, a "search" or "seizure" must occur. This Article addresses the definition of a search. There are "few issues more important to a society than the amount of power that it permits its police to use without effective control." (3) When it ...

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