Does the same apply to the 4th? If a cop decides to walk into your home without a warrant, unless you are there and tell him no, is he free to come in and rifle through your sock drawer? Oh, that's right, the patriot act, they do.
TBG
TBG,
Unfortunately a majority of Americans "think" the Patriot Act gives the police license to run roughshod over your rights. I have grown quite concerned about the "militarization" of local and state police to the point where they "think" they are the FBI/BATF/TSA all rolled into one since 2001. As yet, there haven't been any major USSC court decisions where police try to act like Homeland Security and get their asses handed to them. See, the Feds through Obama stimulus money have been beefing up local cops to "keep" the sheep inline. All it takes is the right USSC decision against them to quash this crap.
IF, a police officer were to trespass on my property and was not pursuing a crime suspect or conducting a fact finding quest concerning an alleged crime, I would sue the department AND him personally. I have the time and the money.
IANAL, but research over the years convinces me I can sue him criminally and civilly as did the family of the the O.J. Simpson murders, They did win in civil court. The best way to stop officers from doing what they do is when they lose their house, car and all their possessions. You go after their homeowners insurance company, their auto insurance company and then themselves personally. Word gets around real quick when they lose.
Oh, ****. I hope the No Surveillance Activity is reading this.
NAVYBLUE