4th Amendment Research Paper

Constitutional Concerns

Fourth Amendment

Overview

The constitutional concerns that surround home visits in the United States stem from the Fourth Amendment to the United States Constitution (“Fourth Amendment”). The Fourth Amendment states 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 persons or things to be seized.” As a result of the Fourteenth Amendment, the Fourth Amendment stretches to government action on a state level.

Fourth Amendment concerns are triggered because investigators do need a warrant to conduct a home visit. In addition, the Fourth Amendment is also triggered by the fact that investigators do not need a probable cause to

This exception applies where it would be “impracticable” to apply for a warrant or to mandate probable cause (Griffin v. Wisconson). The case of MacWade v. Kelly outlines the test for whether the special needs doctrine should apply in a specific case. The first premise is that the search must be for a purpose beyond the state’s general interest in law enforcement. The second premise is that a warrantless search must be deemed “reasonable”. In determining reasonableness, the court must consider “the weight and immediacy of the government interest, the nature of the privacy interest allegedly compromised by the search, the character of the intrusion imposed by the search, and the efficacy of the search in advancing the government interest”. The applicability of the special needs doctrine within the context of home visits and investigating welfare fraud is discussed