Reading Assignment for Section 3.5

Read the following subsection from our online textbook: Section 3.5: Searches of People.

Note: This section spans multiple pages, so be sure to review all pages to fully understand the material.

What You Will Learn

In this section, you’ll explore the legal framework and constitutional principles governing searches of people under the Fourth Amendment. You’ll learn about different types of personal searches, including those involving consent, custody-related procedures, and the collection of bodily samples. By examining key cases and emerging technologies, you’ll gain insight into the complex balance between protecting individual civil liberties and addressing societal security concerns.

Student Learning Outcomes for Section 3.5

• SLO 1: Define and explain the legal framework governing searches of people under the Fourth Amendment, emphasizing the requirement of reasonableness and its application to different types of searches.
• SLO 2: Analyze the role of consent in searches of individuals, including the voluntariness standard and the “totality of circumstances” approach, as established in Schneckloth v. Bustamonte (1973).
• SLO 3: Evaluate the constitutional principles governing booking and custody-related searches, including warrantless searches for weapons or evidence during the arrest process, as upheld in United States v. Robinson (1973) and Hudson v. Palmer (1984).
• SLO 4: Examine the legal standards for collecting bodily samples, such as DNA, blood, and fingerprints, focusing on cases like Maryland v. King (2013) and Birchfield v. North Dakota (2016).
• SLO 5: Discuss the challenges and legal considerations in balancing civil liberties with societal security, particularly regarding emerging technologies and their influence on the scope and methods of personal searches.