• Welcome to the Internet Infidels Discussion Board.

Warrantless Entry - Fourth Amendment

TV and credit cards

Contributor
Joined
Nov 16, 2013
Messages
7,782
Location
The Enlightened City
Supreme Court said:
“a compelling need for official action and no time to secure a warrant.”

and

The Court has found that such exigencies may exist when an officer must act to prevent imminent injury, the destruction of evidence, or a suspect’s escape.

furthermore

Add a suspect’s flight and the calculus changes—but not enough to justify a categorical rule. In many cases, flight creates a need for police to act swiftly. But no evidence suggests that every case of misdemeanor flight creates such a need.

because

...common law afforded the home strong protection from government intrusion and it generally required a warrant before a government official could enter the home.

So feel secure in your minor wrongdoings as long as you can make it back home before the cop gets you.


https://www.supremecourt.gov/opinions/20pdf/20-18_cb7d.pdf
 
and



furthermore

Add a suspect’s flight and the calculus changes—but not enough to justify a categorical rule. In many cases, flight creates a need for police to act swiftly. But no evidence suggests that every case of misdemeanor flight creates such a need.

because

...common law afforded the home strong protection from government intrusion and it generally required a warrant before a government official could enter the home.

So feel secure in your minor wrongdoings as long as you can make it back home before the cop gets you.


https://www.supremecourt.gov/opinions/20pdf/20-18_cb7d.pdf

I think the court is saying it should be judged on a case-by-case basis rather than simply automatically granted. I dislike such rules but it's not as wrong as it seems at first.
 
Back
Top Bottom