“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
This of course was the law of the land until about 1968. Nearly every exception below spits in the eye of the fourth amendment.
The plain language of the fourth amendment does not allow for interest balancing for things like public safety. Most all of these things should not exist without properly amended constitutional provisions. The SCUTS Bruen case talks about the interest balancing tests by courts as being absolutely unconstitutional.
Interest balanced exceptions to the Fourth Amendment –
Case Law Unlawfully Balancing Public Safety vs. Individual Rights
While the Fourth Amendment is foundational, courts have carved out exceptions in balancing government interests, especially in law enforcement and public safety. Here are key U.S. Supreme Court cases with notable exceptions and the Court’s reasoning:
1.
Terry v. Ohio, 392 U.S. 1 (1968)
Exception: Stop and frisk without a warrant
Holding: Police may stop and frisk a person based on reasonable suspicion that the person is armed and involved in criminal activity.
Quote:
“A search for weapons in the absence of probable cause to arrest must be strictly circumscribed… but where a police officer observes unusual conduct… he is entitled for the protection of himself and others… to conduct a carefully limited search.”
2.
New York v. Belton, 453 U.S. 454 (1981)
Exception: Search of vehicle incident to arrest
Holding: When an officer has lawfully arrested a vehicle occupant, they may search the passenger compartment without a warrant.
Modified by: Arizona v. Gant (2009), which limited vehicle searches unless the arrestee can access the car or there is reason to believe it holds evidence of the offense.
3.
Michigan v. Sitz, 496 U.S. 444 (1990)
Exception: Sobriety checkpoints
Holding: DUI checkpoints are constitutional because the state’s interest in preventing drunk driving outweighs the minimal intrusion on drivers.
Quote:
“The state’s interest in preventing drunken driving is substantial, and the intrusion on motorists is slight.”
4.
Illinois v. Lidster, 540 U.S. 419 (2004)
Exception: Information-seeking roadblocks
Holding: Brief highway stops to seek information about a recent hit-and-run were reasonable under the Fourth Amendment.
Key Point: The purpose was not to detect crime in those stopped, but to get help solving a specific incident.
5.
Brigham City v. Stuart, 547 U.S. 398 (2006)
Exception: Exigent circumstances – emergency aid
Holding: Police may enter a home without a warrant if they have an objectively reasonable basis to believe an occupant is seriously injured or imminently threatened.
Quote:
“The role of a peace officer includes preventing violence and restoring order… the Fourth Amendment does not bar entry and search in such situations.”
6.
Maryland v. King, 569 U.S. 435 (2013)
Exception: DNA collection upon arrest
Holding: Collecting DNA from arrestees charged with serious crimes is reasonable under the Fourth Amendment and serves legitimate state interests like identifying the individual.
Dissent (Scalia):
“This search invades the dignity and privacy of the individual… it is a suspicionless search.”
7.
United States v. Leon, 468 U.S. 897 (1984)
Exception: Good faith exception to exclusionary rule
Holding: Evidence obtained through a technically invalid warrant is admissible if the officer acted in good faith believing the warrant was valid.
Quote:
“The exclusionary rule is not a personal constitutional right… but a judicially created remedy.”
There is no single Supreme Court ruling on TSA or modern airport searches, but lower courts have upheld their constitutionality based on the administrative search doctrine, balancing minimal individual intrusion against immense public safety interests.
