Fourth Amendment Analysis

Flussdiagrammknoten

• Is there governmental action? 

• no

• Fourth Amendment is inapplicable.

• yes

• Is there a search or seizure intruding upon a reasonable expectation of privacy? 

• no

• Fourth Amendment is inapplicable.

• yes

• Does the Fourth Amendment impose probable cause and/or warrant requirements?

• yes

• Were the probable cause and/or warrant requirements satisfied? 

• no

• Fourth Amendment violated. 

• yes

• Was the action reasonable? 

• no

• no

• yes

• Fourth Amendment satisfied.

• Fourth Amendment violated.