Author Question: Compare the trespass doctrine with the privacy doctrine in defining Fourth Amendment searches. ... (Read 112 times)

sheilaspns · **on:** Aug 13, 2018

Compare the trespass doctrine with the privacy doctrine in defining Fourth Amendment searches.

What will be an ideal response?

Question 2

The right of citizens to come and go as they please is called _______________.

Fill in the blank(s) with correct word

cdmart10 · **Reply #1 on:** Aug 13, 2018

Answer to Question 1

Until the late 1960s, SCOTUS defined searches under what was called the trespass doctrine. According to this doctrine, to be a search, officers had to physically invade a constitutionally protected area.. Constitutionally protected areas were the places named specifically in the Fourth Amendment: persons, houses, papers, and effects. Nontangible items not falling within the places named in the Fourth Amendment were not protected under the trespass doctrine.
In Katz v. U.S. (1967), SCOTUS established the privacy doctrine. According to this doctrine, the Fourth Amendment protects persons whenever the persons have an expectation of privacy that society is prepared to recognize as reasonable. Thus, under this doctrine, SCOTUS decided that a telephone conversation could be the subject of an unreasonable search and seizure, a position previously rejected by the trespass doctrine. The privacy doctrine thus enhanced the already established right to privacy in a constitutionally protected area..

Answer to Question 2

liberty (the right of locomotion)