Quote:
Originally Posted by bhunter
For you legal folks, can a citizen refuse a search of their home or can law enforcement compel a search of a private residence without probable cause and without a search warrant?
They've lifted the transportation closure and now people may continue in their normal activities. Perhaps, going public yesterday was a mistake and reliance on traditional police work would have been the more prudent choice.
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It's been awhile since I've done any real Fourth Amendment research, but I know that there a couple of exceptions called "exigent circumstances" and "hot pursuit" which dispense with the warrant requirement for entry into a building or residence on the basis of a need to act quickly to prevent imminent harm. The most common enforcement mechanism for Fourth Amendment violations is the exclusionary rule, which renders evidence obtained during an illegal search inadmissible. In this instance, the search isn't for evidence but for a fugitive, so the exclusionary rule is not much of deterrent. While there can be civil liability for a Fourth Amendment violation, in the absence of some extraordinary police misconduct in the context of the search for the bomber, I don't see that happening either.
Regards,
D-Ray