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Criminal Law

: Fourth Amendment

Video: City inspector demands entry to property despite homeowner's demand for a warrant

By John Wesley Hall, Jr.

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This is fairly typical: An Indiana deputy sheriff is on hand to force a homeowner to submit to a health inspection despite the homeowner's demand for a warrant. See US Constitution 4th Amendment is Dead in America (video, yesterday), where the homeowner videotapes the encounter. "If you've got nothing to hide..." One of the great ironies of the Fourth Amendment to non-lawyers is that the Fourth Amendment does not apply to noncriminal matters or misdemeanors. Why would a criminal suspect have more Fourth Amendment rights than a civilian doing nothing? Here, the deputy sheriff apparently calls for back up for a peaceful insistence on a search warrant to enter the property. The video ends before we actually see the second deputy, but his car is there.continue to full post

Full post as published by Fourth Amendment on February 06, 2011 (boomark / email).

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