What is a per se search?

A per se search occurs when law enforcement engages in a governmental trespass to obtain information without requiring a warrant or probable cause, which means that the action is recognized as a search under the Fourth Amendment. In this context, the term "per se" refers to the idea that the action itself is identified as a search by nature of the method employed—specifically, a physical intrusion onto a person's property or belongings to gather evidence.

This type of search highlights the principle that certain actions by the government can automatically be considered searches, regardless of the intent or justification for the action. The key aspect of a per se search is that it involves a violation of the individual's reasonable expectation of privacy, which is fundamental to Fourth Amendment protections against unreasonable searches and seizures.

The other options do not accurately capture the legal definition and implications of a per se search. For example, a search without governmental intrusion does not constitute a search under the Fourth Amendment, and consent searches rely on the voluntary agreement of the individual rather than a physical trespass. Similarly, merely observing something does not qualify as a search unless it involves an intrusion or oversteps expected boundaries of privacy.