221k views
3 votes
The Fourth Amendment is not ____________ unless a person's legitimate expectation of privacy is infringed upon by the government.

User Effegi
by
8.3k points

1 Answer

4 votes

Final answer:

The Fourth Amendment is engaged when a person's expectation of privacy is violated by the government, requiring a search warrant for most invasions of privacy except under certain conditions, such as lack of a reasonable expectation of privacy, consent, emergencies, or plain view situations.

Step-by-step explanation:

The Fourth Amendment is not activated unless a person's legitimate expectation of privacy is infringed upon by the government. This constitutional provision serves as a guard against unreasonable searches and seizures, implying that government authorities must have a valid reason before engaging in most searches or seizures. Specifically, the amendment requires law enforcement to obtain a search warrant before intruding upon an individual's privacy. Exceptions to this warrant requirement have been recognized by the Supreme Court, including situations where no reasonable expectation of privacy exists, in instances of consent, exigent circumstances, or when items are in plain view.

Importantly, the concept of 'privacy' itself, while not explicitly stated in the Constitution, has been interpreted through the Fourth Amendment, along with other amendments, to protect against governmental intrusion. Landmark cases like Mapp v. Ohio and Katz v. United States have established that evidence obtained in violation of the Fourth Amendment cannot be used in court and that the protections against unreasonable searches apply wherever there is a reasonable expectation of privacy.

User Wisn
by
8.4k points