When does the Fourth Amendment Apply?

The Fourth Amendment to the Constitution provides “The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures.” The Fourth Amendment applies only when you, as the person searched, have a reasonable expectation of privacy in the area searched.

To show that you have a legitimate expectation of privacy, there are some factors to consider:

1. Whether you, by your conduct, have exhibited an actual expectation of privacy.

2. Whether your subjective expectation of privacy is one that society deems reasonable as well.

Your home is certainly a place where you have an expectation of privacy. Places like hotel rooms and bathroom stalls are also secure. It becomes more complicated when you talk about hospital rooms and offices.

If you are arrested on criminal charges in Jacksonville and the arrest stems from a search by the police, contact a Jacksonville Criminal Law Firm to review the case.

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