Section 6.1 Introduction

Basic to individual freedom is the overriding constitutional right to be free from unreasonable intrusions by the State into personal privacy and dignity. The source of this fundamental right is found in the Fourth Amendment to the United States Constitution, applicable to the states through the Fourteenth Amendment. Terry v. Ohio, 392 U.S. 1, 8–9 (1968). “No right is held more sacred, or is more carefully guarded, by the common law, than the right of every individual to the possession and control of his own person, free from all restraint or interference of others, unless by clear and unquestionable authority of law.” Id. at 9 (quoting Union Pac. Ry. Co. v. Botsford, 141 U.S. 250, 251...