What was the result of the citizen who had the nerve to meet the police who came to forcibly evacuate him. I saw the TV footage where the SWAT team surrounded his house because he told them he was OK, didn't want to leave his house, and was protecting it as allowed by the 4th amendment by using the tools as allowed by the 2nd amendment (a gun in one hand, a knife in the other). For this he was arrested, handcuffed, labeled deranged and led away to who knows what.
A SEARCH is by definition an invasion of privacy. The fourth amendment says that all searches are to be conducted under authoruity of a warrant. Warrants can be issued to search premises (dwellings), vehicles, or persons. The 4th amendment also states that propable cause should form the basis of warrants, supported by oath or affirmation. No-knock warrants can be issued if exigent circumstances) evidence can be easily destroyed or flushed, a hostage situation exists, and the case involves explosives, emergencies, danger to officers, or unusual circumstances. All warrants, not just no-knock warrants, authorize the use of force to enter a dwelling if police are denied entrance or no one is there to admit them.
A warrant must include a street address and description of the location. A warrant for one side of a duplex does not authorize the search of the other, the same is true for apartments. A warrant must describe s fully as possible all the things to be looked for in connection with a crime that has been committed or is about to be committed. The description must be specific. Finally, a valid warrant must be signed by a judge. The most important thing about searches is that their scope must be narrow. Generally, exploratory searches are unconstitutional.
We also have SEIZURE which by definition is the deprivation of liberty, or the enjoyment in exercising dominion or control over a thing, be it property or persons. Police can temporarily seize private property for about 14 days, and usually hold it indefinitely if it is material evidence in a criminal case.
The EXCLUSIONARY RULE provide protection against unreasonable seizures (evidence illegally obtained cannot be legally admitteed).
EXCEPTIONS to the Warrant and Exclusionary rules:
Automobile search exception
Border search exception
Chimel Rule A warrantless search is allowed if incidental to a lawful arrest.
Consent Search exception
Crime scene Search exception
Emergency Situation Exception -In situations with probable cause and no time to secure a warrant.
Good Faith Doctrine- Look out for this one!!! The doctrine holds that if police are unaware they are violating someone's 4th amendment rights, the evidence can be admitted anyway.
Inevitable Discovery Doctrine
Inventory Search Exception
Moving Vehicle/Probable Cause Doctrine
Open Fields Doctrine
Plain View Doctrine
Private Individual Serach Exception
Stop and Frisk Rule
Student Search Exception
AS I AM NOT A LAWYER OR WITH LEGAL TRAINING, I cannot explain or suggest anything done to or about the (so-called deranged person) was illegal, this is just food for thought. Maybe some of our trained members can weigh in on this.
Internet Resources for those who want to read the full text of those comments noted above.
About.com Civil Liberties Guide to Search and Seizure
Nolo's Understanding Search and Seizure Law