ce
to be searched, and the persons or things to be seized.
Coverage of the Amendment
This amendment denounces only such searches and seizures as are
"unreasonable," and is to be construed in the light of what was deemed
an unreasonable search and seizure when it was adopted and in a manner
to conserve public interests as well as the rights of individuals.[1] It
applies only to governmental action, not to the unlawful acts of
individuals in which the government has no part.[2] It has no reference
to civil proceedings for the recovery of debts; consequently, a distress
warrant issued by the Solicitor of the Treasury under an act of Congress
is not forbidden, though issued without support of an oath or
affirmation.[3] But the amendment is applicable to search warrants
issued under any statute, including revenue and tariff laws.[4]
Security "in their persons, houses, papers and effects" is assured to
the people by this article. Not only the search of a dwelling, but also
of a place of business,[5] a garage,[6] or a vehicle,[7] is limited by
its provisions. But open fields are not covered by the term "house";
they may be searched without a warrant.[8] A sealed letter deposited in
the mails may not be opened by the postal authorities without the
sanction of a magistrate.[9] The subpoena of private papers is subject
to its test of reasonableness.[10] Retention for use as evidence of a
letter voluntarily written by a prisoner, which, without threat or
coercion, came into the possession of prison officials under the
practice and discipline of the institution, is not prohibited.[11] Where
officers demand admission to private premises in the name of the law,
their subsequent explorations are searches within the meaning of the
Constitution, even though the occupant opens the door to admit them.[12]
A peremptory demand by federal officers that a person suspected of crime
open a locked room and hand over ration coupons kept there was held not
to amount to a seizure in view of the fact that the coupons were
government property which the custodian was under a duty to
surrender.[13] Neither wiretapping,[14] nor the use of a detectaphone to
listen to a conversation in an adjoining room,[15] nor interrogation
under oath by a government official of a person lawfully in
confinement[16] is within the purview of this article. Nor does it apply
to statements made by an accused on his own premises to an "undercover
agent" whose identity
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