NCJ Number
116866
Journal
Iowa Law Review Volume: 73 Issue: 3 Dated: (1988) Pages: 541-610
Date Published
1988
Length
59 pages
Annotation
Common uses for the word search can form the basis for a meaningful and flexible description of search activities regulated by fourth amendment and thus end confusion in the law.
Abstract
Semantic debate about the definition of "search" in the Supreme Court centered around whether "just listening" could be regarded as search. The debate culminated in Katz v. United States, when the term was broadened to include both "search out" and "search of" for fourth amendment purposes. Subsequently, the Court added a legitimate expectation of privacy requirement. The semantic debate now shifted to clarifying the legitimacy requirement by searching for new meanings of search. The article suggests a common sense interpretation of a government action as a search either if agents conducted a search of houses, persons, papers or effects, or if they search out objectively secret information. The common sense approach does not exclude policy discussions from constitutional interpretation, but would make fourth amendment law more comprehensible to the average citizen. 403 notes.