Chapter 5 - §1. Overview

• Jurisdiction: United States

§1. Overview

The Fourth Amendment to the U.S. Constitution provides that 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 [w]arrants shall issue, but upon probable cause." U.S. Const. amend. 4; see People v. Fayed (2020) 9 Cal.5th 147, 182. This clause of the Fourth Amendment prohibits government officials from conducting unreasonable searches or seizures and is enforced by an "exclusionary rule," which generally prevents the prosecution from introducing evidence obtained in violation of the Fourth Amendment. See Gamble v. U.S. (2019) ___ U.S. ___, 139 S.Ct. 1960, 1979; Herring v. U.S. (2009) 555 U.S. 135, 139-40. This exclusionary rule is a judicial creation designed to deter future Fourth Amendment violations. Davis v. U.S. (2011) 564 U.S. 229, 236-37. To determine whether evidence is subject to exclusion under the...