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A friend is a suspect in a rash of home burglaries. The cops came to his house and asked to see his collection of guns. They entered without a warrant, took his guns and some other items without his permission. Didn't this search without a warrant violate his rights?
This issue is quite an old Constitutional issue. Your friend gave permission to enter, without a warrant, which waives certain privileges under the Fourth Amendment. In a nutshell, once the police see, in plain view, items which may be stolen property, or potentially used in a crime, they are allowed under the law to immediately seize the items for potential identification by the "rightful" owner and/or testing for purposes of determining whether such items may have been used in a crime. If the items are found not to be stolen, or not part of a crime, the police will return the same to your friend.
(Updated December 5, 2007) |
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