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  1. #5
    Join Date
    Aug 2007
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    Default Re: Police and Property Rights

    Quote Quoting madmel
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    There is also the strange concept of curtilage. If I understand it correctly, it goes something like this: if anyone can walk from the street/sidewalk to your front door, then the police can, too. They can then look through your front windows. They are not trespassing or being a peeping tom. If they see a pile of hand grenades inside your house, they can arrest you for that.
    Peeping through a window is a search though. I have a case in my head but can't remember it. It dealt with if a person is an overnight guest, they have no expectation of privacy in what is seen through a window, but residents do?

    I'll try to remember it.

    If grenades were seen, that is basically an arsenal, and yes, exigency permits a home arrest without a warrant. That does mean the charge will stand if it is a defacto UNconstitutional search though.

    Edit:

    Here is the case, and the ovenight guest does have an expectation of privacy, I got it backed up.


    http://www.law.cornell.edu/supct/html/97-1147.ZS.html

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