Legal Question in Constitutional Law in California

Prospective jurors in many states are forced under threat of fines and prison to submit to a search of their knowledge, beliefs, lifestyle, experiences, etc. This search is in the form of the juror questionnaire. These prospective jurors have not been charged with a crime, are not suspects in a crime, and no search warrant has been issued forcing them to divulge the information. My question: Why is this process not a violation of the 4th amendment protection against unreasonable searches?


Asked on 2/04/18, 2:44 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Asking questions is not a search for purposes of the Fourth Amendment, and the questions asked of potential jurors are rarely unreasonable.

Remember that jury service is one of the very few duties the Constitution requires of citizens. The courts need some information from each juror to weed out bias or ineligibility, to schedule proceedings, to meet some jurors' special needs, etc.. If a juror objects to answering particular questions, the court will evaluate those objections based on facts specific to the juror and the case.

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Answered on 2/09/18, 1:49 pm


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