Compare the trespass doctrine with the privacy doctrine in defining Fourth Amendment searches
What will be an ideal response?
Until the late 1960s, the Supreme Court defined searches under what was called the
Trespass Doctrine. According to this doctrine, to be a search officers had to
physically invade a "constitutionally protected area.". Constitutionally protected areas
were the places named specifically in the Fourth Amendment: persons, houses,
papers, and effects. Nontangible items not falling within the places named in the
Fourth Amendment were not protected under the Trespass Doctrine.
In 1967, the Trespass Doctrine was replaced with the Privacy Doctrine. According
to this doctrine, the Fourth Amendment protects persons, not places, whenever the
persons have an expectation of privacy that society is prepared to recognize as
reasonable. Thus, under this doctrine, the Supreme Court decided that a telephone
conversation could be the subject of an unreasonable search and seizure, a position
previously rejected by the Trespass Doctrine.
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Fill in the blank(s) with the appropriate word(s).
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Answer the following statement true (T) or false (F)