Legal Opinion · Concurring in part, dissenting in part

Neil Morgan v. Fairfield Cty., Ohio

Court of Appeals for the Sixth Circuit

Decided September 6, 2018No. 17-4027Published

1Concurring in part, dissenting in partThapar, Circuit Judge

The Fourth Amendment provides, in relevant part, that "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated." U.S. Const. amend. IV. This mandate, though seemingly straightforward, has generated a morass of legal precedent that is often confusing, contradictory, and incomplete. After over two-hundred years, we are still not sure whether the Amendment protects privacy or property, and, in turn, what questions are relevant for determining whether a search occurred or if it was reasonable.

At times…

2Cases cited27 opinions

  1. Katz v. United StatesSupreme Court of the United States · 1967
  2. Oliver v. United StatesSupreme Court of the United States · 1984
  3. McDonald v. City of ChicagoSupreme Court of the United States · 2010
  4. Collins v. YoungbloodSupreme Court of the United States · 1990
  5. Kyllo v. United StatesSupreme Court of the United States · 2001

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