The Fourth Amendment to the U.S. Constitution governs all searches and seizures conducted by government agents. The Amendment contains two separate clauses: a prohibition against unreasonable searches and seizures, and a requirement that probable cause support each warrant issued. The Court has found warrantless searches to be "reasonable" under some circumstances, including those in which consent was given and in which exigent circumstances existed. During the October 2005 term, the Court addressed some of the lingering questions regarding the "reasonableness" of warrantless searches. In Georgia v. Randolph , the Court held that the warrantless search of a defendant's residence based on his wife's consent to the police was unreasonable and invalid as to the defendant, who was physically present and expressly refused to consent. In Brigham City Utah v. Stuart , the Court clarified the appropriate Fourth Amendment standard governing warrantless entry by law enforcement in an emergency situation by holding that police officers may enter a home without a warrant when they have an objectively reasonable basis for believing that an occupant is seriously injured or imminently threatened with such an injury. In Samson v. California , the Court found that a parolee has a reduced expectation of privacy, which fails to outweigh the State's interests in protecting the community. Finally, in United States v. Grubbs , the Court addressed the issue of anticipatory search warrants when it found that an anticipatory search warrant authorizing the search of the defendant's residence on the basis of an affidavit stating that the warrant would be executed upon delivery of a videotape containing child pornography was supported by probable cause. However, the Court's decision in Knights did not address the reasonableness of a search solely predicated on the probation condition regardless of reasonable suspicion. In addition, the Court held that the particularity requirement in the Fourth Amendment does not require that the warrant itself state the condition precedent. The Court also found that the warrant at issue did not violate the Fourth Amendment's particularity requirement because the Fourth Amendment requires that the warrant particularly describe only two things: the place to be searched and the persons or things to be seized.
The Fourth Amendment to the United States Constitution provides that "[t]he right of the people to be secure in their person, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." The Supreme Court has interpreted this language as imposing a presumptive warrant requirement on all searches and seizures predicated on governmental authority.
However, the Court has carved out exceptions to the warrant requirement when obtaining such would be impractical or unnecessary. In crafting these exceptions, the Court has analyzed the "reasonableness" of the circumstances that gave rise to the warrantless search. During the October 2005 term, the Court addressed the "reasonableness" of such warrantless searches based on third-party consent, exigent circumstances, and parolee status. In Georgia v. Randolph (126 S.Ct. 1515 [2006]), the Court held that the warrantless search of a defendant's residence based on his wife's consent to the police was unreasonable and invalid as to the defendant, who was physically present and expressly refused to consent. The Court clarified the appropriate Fourth Amendment standard governing warrantless entry by law enforcement in an emergency situation in Brigham City Utah v. Stuart (126 S.Ct. 1943 [2006]), holding that the police officers may enter a home without a warrant when there exists an objectively reasonable basis for believing that an occupant is seriously injured or imminently threatened with such injury. Also, in Samson v. California (126 S.Ct. 2193 [2006]), the Court ruled that the a parolee's reduced expectation of privacy fails to outweigh the State's interests in protecting the community.
In addition, the Court resolved two fundamental issues concerning the lawfulness of searches pursuant to anticipatory search warrants. In United States v. Grubbs (126 S.Ct. 1494 [2006]), the Court found that such warrants do not categorically violate the Fourth Amendment. Also, the Court held that an anticipatory search warrant authorizing the search of the defendant's residence on the occurrence of a condition precedent stated in an affidavit but not in the warrant itself was proper and supported by probable cause. This report summarizes the Court's decisions addressing these issues and will not be updated.