Raymond N. Bailey, Jr. v. Arkansas
FourthAmendment CriminalProcedure Privacy
Whether a warrantless search violates the Fourth Amendment where government lacks probable cause to believe the place searched is the person's actual residence
QUESTION PRESENTED More than 3.5 million people in the United States are subject to warrantless, suspicionless searches of their residences as a result of their probation or parole. Circuits and state supreme courts are split over the level of certainty government officials must have that a place is, in fact, the residence of a person subject to warrantless searches before officials may search it without a warrant. The Eighth Circuit, like several others, has held that the Fourth Amendment requires that government officials have probable cause to believe a place to be searched is, in fact, the residence of the person subject to a warrantless search before it may be searched without a warrant. In the decision below, the Supreme Court of Arkansas, which is a state in the Eighth Circuit, held that the Fourth Amendment does not require probable cause, but rather requires only reasonable suspicion. The question presented is: Whether a warrantless search violates the Fourth Amendment where, although a person’s residence is subject to warrantless search, the government lacks probable cause to believe that the place to be searched is, in fact, that person’s residence. (i)