Police Searches of Trash

The Fourth Amendment to the U.S. Constitution protects against unreasonable searches and seizures. In order to determine whether a search is “reasonable,” courts consider a central question: Does the person have a reasonable expectation of privacy in the place or item searched?  

Laptop Searches at International Borders

You’re on your way back from a week’s vacation abroad, and get flagged in customs for your luggage to be searched. You have your digital camera, laptop, and smartphone with you.

Searching When Responding to an Emergency

The police don’t need a warrant to conduct a search that’s in response to an emergency (“exigent circumstances”). Sometimes they don’t even need probable cause, as when they’re simply looking out for public safety.

Searching Pursuant to the Community Caretaking Exception

Police can’t search places where you have a reasonable expectation of privacy unless they have a warrant or the search falls into one of the exceptions to the warrant requirement.

Searches by Private Citizens

In general, whatever a private citizen—rather than a police officer—uncovers through an

Do the Police Need a Warrant to Track You With Your Cellphone?

A “stingray” is a device the size of a suitcase that impersonates a cellphone tower. It tricks cellphones into connecting with it and in that way identifies the phones’ location.

Does the Government Need a Warrant to Get Cellphone Records Showing Where I’ve Been?

Cellphones do a lot more than allow us to communicate with the world: They also leave a record of where we’ve been.

Can a police officer search hotel records without a warrant?

You’ve checked into a hotel for the weekend. You’ve got a nice, relaxing stay planned. But your peace and quiet are suddenly interrupted by a uniformed officer banging on the door to your room. The officer explains that he knew where to find you by inspecting the hotel registry. Regardless of the

Does the Fourth Amendment apply to searches by private people?

The Fourth Amendment applies to searches and seizures by agents of the government, not by private citizens. (Burdeau v. McDowell, 256 U.S. 465 (1921).)

Can a private business search your stuff, then turn it over to the police?

Question: What happens if you put your property in the hands of a private party, then that party calls the police and allows them to search it? Is the police search valid?