Fourth Amendment Applicability

41 Pages Posted: 6 Nov 2010

See all articles by John O. Sonsteng

John O. Sonsteng

Mitchell Hamline School of Law

Charles E. Moyland

affiliation not provided to SSRN

Date Written: 1990


A large percentage of fourth amendment litigation involves the issues of applicability to place, waiver/consent, and the reasonable expectation of privacy. Not one of these issues, however, has the remotest thing to do with the ultimate substance of the fourth amendment protection itself. They deal exclusively with the threshold question of whether the fourth amendment is even involved. Only if it is, do the actual requirements of the fourth amendment become material. This article examines the applicability of the fourth amendment prohibition against unreasonable search and seizures with respect to these common issues.

Keywords: Fourth amendment, search, law enforcement, criminal procedure, constitutional rights, constitutional law, Katz v. United States, state action doctrine, warrants

Suggested Citation

Sonsteng, John O. and Moyland, Charles E., Fourth Amendment Applicability (1990). William Mitchell Law Review, Vol. 16, 1990, Available at SSRN:

John O. Sonsteng (Contact Author)

Mitchell Hamline School of Law ( email )

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651-290-6324 (Phone)

Charles E. Moyland

affiliation not provided to SSRN ( email )

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