In the 1983 case Hudson v. Palmer, the United States Supreme Court ruled that prison officials have the authority to search cells and confiscate any materials found. The Fourth Amendment, which protects citizens from unreasonable searches and seizures, does not extend its protections to incarcerated individuals in this context due to security concerns within correctional facilities. This decision came about when a Virginia inmate sued after his cell was searched without his consent and some of his property was destroyed during the process. He argued that this violated his constitutional rights under both Fourth and Fourteenth Amendments. However, the court held in a 6-3 vote that neither amendment had been violated because prisoners do not have an expectation of privacy while serving their sentences.

In the dissenting opinion for Hudson v. Palmer, Justice Stevens argued that prison officials should not have unrestricted power to search an inmate's cell and seize property without a valid reason. He contended that such actions violate the Fourth Amendment rights of prisoners, which protect against unreasonable searches and seizures. While acknowledging the need for maintaining order in prisons, he emphasized that this should not come at the expense of constitutional protections. Furthermore, he expressed concern over potential abuses by prison staff if given unchecked authority to conduct arbitrary searches or confiscate personal items without cause or oversight. Thus, while recognizing the unique challenges posed by correctional environments, Justice Stevens maintained that these do not justify suspending fundamental civil liberties.