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Reasonable Seizures on False Charges: Should Probable Cause to Detain a Person for any Crime Bar a Malicious Prosecution Claim Under the Fourth Amendment?

“…112 The evil the Fourth Amendment protects against is "intrusion upon the sanctity of the person" by unreasonable search or seizure. 113 It guarantees "the right of each individual to be let alone." 114 With specific reference to the requirement of probable cause for seizure of a person, Justice Brennan wrote: "By requiring that arrests be made only on probable cause, the Framers sought to preclude custodial detentions resulting solely from common rumor or report, suspicion, or even strong reason to suspect."…”

Maryland v King: Terry v Ohio Redux

“…The officer suspected the men of "'casing a job, a stick-up'" and worried that "'they may have a gun.'" 203 After approaching the men and not receiving a satisfactory explanation of their behavior, the officer grabbed one of the men, John Terry, spun him around and patted down the outside of his clothing. The officer felt a gun in Terry's overcoat pocket.…”

“…The first sentence of Chief Justice Warren's opinion recognized the "serious questions" presented by the case. 214 A few pages later, Warren observed: "We would be less than candid if we did not acknowledge that this [case] thrusts to the fore difficult and troublesome issues regarding a sensitive area of police activity-issues which have never before been squarely presented to this Court." 215 Justice Harlan's concurrence was more direct; he stated in no uncertain terms that Terry announced an "important new field of law."…”

Indecent Exposure: Do Warrantless Searches of a Student’s Cell Phone Violate the Fourth Amendment?

“…184 Courts sanction this lesser standard because, though circumstances warrant some intrusion given officer safety or crime prevention concerns, the intrusion to the individual is correspondingly minimal when compared to a full-blown arrest or search. 185 The problem with applying the "reasonable suspicion" standard to a student cell phone search is that the level of intrusion is far higher than the analogous "pat down" or brief seizure of a suspect. As numerous cases demonsrate, searching a cell phone is likely to uncover information or images that are highly personal.…”