When DOes the Fourth Amendment Apply?

3 Important limitations of the 4th Amendment

(1) Does not protect the rights of people who are citizens of and reside in another country, nor does it apply to everyone who is currently residing in this country (2) Only applies when government agents (or those who are working on their behalf) violate a person's privacy rights or liberty interests = state action requirement (3) Only applies when the person whose rights have been violated challenges the violation

4th Amendment

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.

Example of Blood/Urine Test

- Def arguing supervisor at public university is state actor when she took defendant to get urine test - Supervisor was acting based on own judgment of believing she smelled alcohol- BUT was investigating one of the university's rules - Yes, state actor. Supervisor is acting within authority by following state rules/requirements. THE key is REGULATION BY THE STATE - However, if she had gone into the employee's office to look for a file and found a bag of weed- NOT a state actor. This was not done on behalf of state requirement.

The 4th Amendment outside of trial

- Does the 4th Amendment apply to exclude evidence other than at defendant's trial? -- Does not apply to grand jury proceeding -- Cannot be challenged in federal habeas corpus proceedings -- Does not apply in parole/probation proceedings -- Does not apply in civil proceedings (generally)

Difference between government gathering information that has already been collected by private party and government initiated searches

- Merely encouraging a private party to engage in searches generally is not enough to turn private party into state actor - Strong encouragement or requirement of private party to conduct search will make them a state actor

Special rules for schools

- New Jersey v. TLO - School officials have a special duty to protect school and students - School officials cannot overstep though -- Vice principal was deemed state actor -- Students have lowered fourth amendment rights, but does not mean they do not have any

What if a private party is conducting the surveillence?

- No violation - But, Cannot get around state action requirement by directing aprivate party/actor to conduct search or seizure - Law enforcement can subpoena a private entity for information about who they are investigating (ex: Facebook)

Who is protected by the 4th Amendment?

- People is defined as being all persons: -- Born or naturalized in the US- citizens -- Part of our national community -- Have otherwise developed a sufficient connection with this country --- In the US Voluntarily --- Not in the US short term --- Taxes --- Family --- Employment

Blood/Urine Tests

- Skinner v. Railway Labor Exec. -- Governmental regulations authorizing the collection of biological samples from public employees in the absence of suspicion do not violate the Fourth Amendment when special law enforcement needs render probable cause and warrant requirements impracticable.

What does state action include?

- State action includes police and all government officials who engage in searches or seizures - Broad interpretation of government agent- includes nearly every individual who works for the government (vice principal, building inspectors, OSHA inspectors, firemen, executive director of a public hospital) - Does NOT include off-duty government employees while engaging in purely private affairs - Does NOT include gov employee performing tasks that would also be performed by a private actor (doctors at a public hospital conducting blood tests for purely medical purposes)

WHo can challenge a violation?

- only the person whose rights were violated can challenge the government action

Meaning of 4th Amendment

If a government agent violates the rights of a resident of the United States to be secure in his or her person, houses, papers, and effects against unreasonable searches and seizures, the individual whose rights have been violated can seek a remedy against the government.