This article will analyze the fourth amendment from both the individual and limitation perspectives, and evaluate the desirability of each as a determinant of the reach of fourth amendment protection in specific situations. The individual perspective alone is an inadequate model to evaluate all interests relevant to fourth amendment problems.Conjunctive use of both perspectives, however, allows a complete and balanced analysis of the fourth amendment, and can eliminate the need to ponder such difficult questions as which expectations of privacy are socially justifiable and when an individual has waived his privacy rights. Although an accommodation between the two perspectives is desirable, the latter part of this article disregards questions of individual rights in order to develop a tentative model exemplifying the use of the limitation perspective in fourth amendment problems.
Ronald J. Bacigal, Some Observations and Proposals on the Nature of the Fourth Amendment, 46 Geo. Wash. L. Rev. 529 (1978).