Guide · Criminal
Search and Seizure: A Comprehensive Guide to Warrants, Exceptions, Standing, and Suppression
18 U.S.C. § 3103
- Type
- Guide
- Jurisdiction
- National
- Date
- 2025-10-21
- Topic
- Criminal
This guide covers Fourth Amendment search and seizure doctrine as it is actually litigated. It begins with the threshold question of when a search or seizure occurs, treating both the reasonable expectation of privacy test and the revived property test as alternative routes to protection. Warrant chapters cover probable cause, particularity, execution, and challenges to the affidavit. Exception chapters treat consent and its scope and third-party limits, the automobile exception and its curtilage boundary, searches incident to arrest and the digital carve-out, plain view, exigency, protective frisks, inventory, and special needs contexts including checkpoints. Digital chapters cover the erosion of the third-party doctrine, phone searches, location data, and the statutory overlays that impose independent requirements. Standing chapters explain why the personal-rights limitation defeats more motions than any substantive doctrine. Remedy chapters cover the exclusionary rule and every exception that has narrowed it, and the guide closes with suppression practice.
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