Pub. date: 2004 | Online Pub. Date: September 15, 2007 | DOI: 10.4135/9781412952415 | Print ISBN: 9780761926498 | Online ISBN: 9781412952415| Publisher:SAGE Publications, Inc.About this encyclopedia
Adam J. McKee
The Fourth Amendment of the U.S. Constitution provides most of the controlling principles regarding searches. The Amendment provides that 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 person or things to be seized. The U.S. Supreme Court, which is responsible for interpreting the Constitution, has decided many cases that have spelled out exactly when a search warrant is required and when a warrant is not required. Vehicles are generally considered an exception to the Fourth Amendment's search warrant requirement. This exception is also known as the Carroll doctrine because it was in Carroll v. United States (1925) that the Supreme Court ruled that automobiles were unique. The most important Chambers ...