Beware the Friends You Keep and the Places You Sleep: The Fourth Amendments Limited Protection over Visitors and Their Belongings

Authors

Alysha C. Preston

Document Type

Note

Abstract

(Excerpt)

This Note concludes that the Arizona Supreme Court correctly applied the possession test and strongly urges the Supreme Court to address the issue and follow in Arizona’s footsteps. The possession test not only provides the best guidance for both officers and courts, but also provides the most precision and clarity. More importantly, this approach aligns with current Supreme Court case law and conforms to established Fourth Amendment principles. Holding otherwise would gravely undermine policy, disregard current precedents, and undervalue the sole purpose for the Fourth Amendment’s existence: to protect one’s reasonable expectation of privacy. Part I examines the scope of the Fourth Amendment, its reasonable expectation of privacy standard, and its application to visitors. Part II provides an overview of the three tests. Part III concludes by illuminating the precision and accuracy of the possession test, its conformity to current Fourth Amendment principles, its potential to guide officers during execution, and its ability to lead to uniformed rulings.