How Much is Too Much? The Application of the De Minimis Doctrine to the Fourth Amendment

Abstract

Many Americans would venture that their Constitutional rights are absolute, but that is generally not the case. Through the principles established under the often used de minimis doctrine, courts continue to struggle with allowing constitutional breaches in the name of government interest. Under the doctrine, a violation may be held to be so minimal as to not be of the concern of the law. When evaluating Fourth Amendment violations under the de minimis doctrine, the results are much more serious than in some other areas. Such abuses may result in criminal punishment if the intrusion is deemed reasonable and suppression if it is not. However, that is not to say that there is anything wrong with the application as the Fourth Amendment cannot be construed as absolute in the same way that other constitutional rights may be – the word “unreasonable” prevents that. An absolute Fourth Amendment right would prevent all searches and seizures without an appropriate warrant. This Article will explore the situations in which the Court has determined if the de minimis doctrine applies. The various attempts to apply the principle have left lower courts struggling to follow suit, and as this Article will explain, rightfully so. Though allowing de minimis intrusions are necessary and an application of common sense to our law, it is nearly impossible to set bright line rules that delineate when an unconstitutional Fourth Amendment event is de minimis.