Timeline+of+the+4th+Amendment

Amendment 4 (2)

December 15, 1791: The first 10 Amendments were ratified. The amendment read “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

February 24,1914: The 4th Amendment becomes relevant. In the Weeks v. Ohio case, Supreme Court established the exclusionary rule. The exclusionary rule states that items obtained in an unconstitutional search without a warrant cannot be used as part of a prosecution case.

March 6, 1961: The fourth amendment governs not only search and seizure of tangible items, but extends as well to the recording of oral statements. Protects “reasonable expectation of privacy.”

May 16, 1988: The fourth amendment does not prohibit the warrant less search and seizure of garbage left for collection outside of the home.

1921: Fourth amendment restricts only government (Burdeau/private)

1986: Government can further investigate fruits of private search. (Jacobsen/private)

1986: An opened package has no “expection of privacy.” (Jacobsen/packages)

1998: A vehicle cannot be searched without permission during mere traffic stop. (Knowles/cars)

1991: Interdiction searches are acceptable without a warrant if passengers are arguably free to leave. (Bostick/public transport)

1928: Wiretapping is not a seizure; thus, no Fourth amendment issues apply. (Olmstead/telephone calls)

1985: Schools need only reasonable suspicion, not probable cause, for a search. (T.L.O./schools and students)

1995: Required drug testing for athletes does not constitute a Fourth Amendment “search” requiring a search warrant. (Acton/schools and students)