LOCATION:Environmental Protection Agency
DOCKET NO.: 83-1338
DECIDED BY: Burger Court (1981-1986)
LOWER COURT: Massachusetts Supreme Judicial Court
CITATION: 466 US 727 (1984)
DECIDED: May 14, 1984
Facts of the case
This case study deals with the application of the Fourth Amendment to the Constitution, which regulates the lawfulness of the search of private premises and the arrest of individual persons by specialized bodies. When appealing against police actions, which are supposed to constitute an unconstitutional search or unconstitutional arrest, two issues must be resolved. The first question was whether police actions were “search” or “arrest”. If this was indeed a search or an arrest, then the second question arises: whether such a search or such an arrest was “unreasonable”; among other things, it should be taken into account whether the court’s authorization was received in advance to conduct a search or seizure in the form of a corresponding warrant.