What constitutes a 'search' under the Fourth Amendment?

A 'search' under the Fourth Amendment is defined as an intrusion into a personal area where there is a reasonable expectation of privacy. This means that the individual has taken measures to keep certain aspects of their life private, and society recognizes that this expectation of privacy is legitimate.

The Fourth Amendment protects against unreasonable searches and seizures, emphasizing the importance of privacy in one’s personal spaces, such as homes, vehicles, and personal belongings. Courts have established that if a person has a subjective expectation of privacy that society recognizes as reasonable, then this situation qualifies as a search.

For instance, entering a home without a warrant typically constitutes a search because individuals generally expect their homes to be private sanctuaries. Conversely, if someone is in a public place or has exposed their activities to the public, that expectation of privacy diminishes, and thus, it may not be deemed a search under the Fourth Amendment.