Compare the trespass doctrine with the privacy doctrine in defining Fourth Amendment searches.

A definition of the two terms provides a good starting point in examining the similarities and differences between the two terms. “The trespass doctrine provides power to search officers to physically invade constitutionally protected areas, which include persons, houses, papers and effects.” The trespass doctrine was replaced by privacy doctrine, which focused on protecting people from unjust privacy intrusions and searches without due regard to privacy issues. This was as a result of complexities in the inability to differentiate between the effective performance of duty and blatant violation of the right to privacy. The underlying similarity between trespass doctrine with the privacy doctrine is that both seek to ensure that “the government has enough power to protect its people by having access to evidence it requires to control crime”. The difference between the two doctrines revolves around the fact that the privacy doctrine focuses more on protecting the privacy of individuals. In theory, the privacy doctrine places the powers of the government in check. Privacy and liberty form two values at the heart of a free society. The balance of interest generated by the two doctrines focuses on the need to protect the nation from criminal activities and meet the special needs of the people beyond criminal law enforcement.