Searching without a warrant

In general, the police need a warrant to enter your home without your permission; however, there are exceptions to the warrant requirements. The Fourth Amendment protects you from unreasonable searches, not warrantless searches. The case of Case v. Montana is about what makes police entry into a private home reasonable.

The Fourth Amendment is supposed to protect you against unreasonable searches and seizures. While most people are aware of the warrant requirements, we don’t talk a lot about what else makes a search reasonable.

Does a wellness check authorize government actors to search your home? We do have the “plain sight” rule, which states that anything police observe in plain sight can be used as evidence. But when someone enters your home without your permission, is that really plain sight? So while I disagree with Mr. Rowley that the police didn’t have sufficient cause to enter the home, I also disagree with Mr. Corrigan’s claim that it’s reasonable for police to search while doing a wellness check.

I guess that’s the problem with “reasonableness.” What one person finds reasonable, another finds an invasion. How objective can that be?

Read the full article... watch and learn from Constitutional Expert Paul Engel; there is always much more to learn back at America Out Loud: https://www.americaoutloud.news/.