How have the courts interpreted the Fourth Amendment in a search warrant application?
MultiRegion, United States of America
The following excerpt is from United States v. Hersh, 464 F.2d 228 (9th Cir. 1972):
Appellant first argues that when the deputies peered through the window of the house on March 6th, it was a search within the meaning of the Fourth Amendment (People v. Hurst, 325 F.2d 891 (9th Cir. 1963)) and that since it was without a warrant, the subsequent seizure of evidence and arrest were the improper fruit of that unconstitutional act, and therefore invalid. He argues that he reasonably relied upon his right to privacy by drawing his blinds, by
[464 F.2d 230]
posting "No Trespassing" signs, and insists that the Fourth Amendment protects against searches outside the house as well as within.[464 F.2d 230]
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