The fourth amendment protects the rights of the people such that they can be secure within their houses as well as their properties from unreasonable seizures and searches conducted by the police officers and other groups or organizations. According to the fourth amendment, law enforcement agencies can be allowed to conduct searches and seizures only when they have probable cause with supporting affirmation or oath indicating the reason to search the house, seizure property or arrest the person 1 . Privacy doctrine is used to determine whether the search conducted or anticipated to be conducted invades or violates the privacy rights of an individual. Determining whether something in provide or not has been a major topic discussed and researched by many people and organizations globally. Being a subjective topic, reasonable expectation of privacy is considered when implementing the privacy doctrine. The privacy doctrine will protect the people from any unreasonable search or seizure of their properties.
Constitutionally, different areas are protected, and when an individual or organization intrudes or invades such areas without genuine reason or authority, he/she is said to have trespassed. The cats of trespassing led to the formation of trespass doctrine under the fourth amendment to protect the rights of people and properties from illegal or unreasonable searches 2 . In most cases, the trespass doctrine is used to determine whether the person that searched invaded the constitutionally protected area. For example, when a police officer or the enforcing agency conducts a search or seizure of property, and the person launch complain, the doctrine policy is used to determine whether the protected right or area was invaded by the person that searched.
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References List
Brennan-Marquez, K., & Tutt, A. (2017). Offensive Searches: Toward a Two-Tier Theory of Fourth Amendment Protection. Harv. CR-CLL Rev. , 52 , 103.
Cretacci Michael A. Supreme Court Case Briefs in Criminal Procedure. Rowman & Littlefield, 2008
1 Cretacci Michael A. Supreme Court Case Briefs in Criminal Procedure. Rowman & Littlefield, 2008, 53-55
2 Brennan-Marquez, K., & Tutt, A. (2017). Offensive Searches: Toward a Two-Tier Theory of Fourth Amendment Protection. Harv. CR-CLL Rev. , 52 , 103.
