Liberal Forum

Cannonpointer » 25 Jun 2022, 4:40 pm » wrote: ↑

25 Jun 2022, 4:40 pm

Based on your argument, the police are perfectly within their rights to search my house - PROVIDED I am not under suspicion. 

You have an EXTREMELY ill-founded and incorrect view. I can be utterly unsuspected of anything - does not destroy my fourth and fifth amendment rights. They remain intact, even if I am not under suspicion.

Negative. The 4th explicitly states that they need to obtain a warrant from some judge. And that is up to the judge. 

And also it must only apply to the defendant. 

My father actually defended a somewhat famous case where the police had a warrant to search a guys home who was under suspicion..and they in fact found drugs belonging to their roommate. 

The warrant was not even explicitly searching for drugs. And it was searching for evidence against the suspect, not his roommate. 

And my father actually did win that case. On constitutional grounds. The 4th is quite explicit enough to get that thrown out.