The problem of isolating the person from the place in a premise search has always been vexing. The Supreme Court has rejected the notion that people are safe from searches only in certain "constitutionally protected areas," and has advanced to the doctrine of "reasonable expectation of privacy." Some cases have added a new twist to this theory by considering the expectation of privacy and probable cause to search in terms of a person's relationship to the place being searched. This Comment will attempt to analyze these cases in the framework provided by the United States Supreme Court in Ybarra v. Illinois. Although some of these cases appear to contradict Ybarra, their holdings are, in fact, consistent with it and serve to further define the permissible scope of searches. This Comment will suggest that a premises search warrant for a workplace includes within its scope the belongings of the people employed there.
Jeffrey D. Winter,
Pondering the Scope of Premises Search Warrants after Ybarra v. Illinois,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol26/iss3/7