Legal Question in Criminal Law in Colorado
the 4th Amendment
I was told that the 4th Amendment is back in use for ''Search & Seizure'' after being ignored for several years because of the Patriot Act. I this true?
Meaning: For the past few years, since the Patriot Act went into effect, Law enfocement officers were allowed to enter a person's home withOUT the owner's consent. But now it has changed back to the original Law which enforces the 4th Amendment.
2 Answers from Attorneys
Re: the 4th Amendment
The Fourth Amendment is part of the Constitution. The Constitution doesn't actually go in and out of use; it just seems that way when lawless administrations arise, which do go in and out of use every once in a while.
That said, the Fourth Amendment has never prevented law enforcement from entering your home without your consent. The amendment protects against unreasonable searches and seizures, the fruits of which may not be used in a prosecution against you. With a warrant, police may arrest you if you refuse entry to your home. Even without a warrant, you may be arrested and the arrest be valid under circumstances that justify a warrantless entry.
The Fourth Amendment has never been dormant. The same cannot be said of the electorate.
Re: the 4th Amendment
The 4th amendment and it's warrant requirements never went away. Cops may have acted like it did, but it was still in effect. Law enforcement could always enter your home without consent, with a warrant or exigent cicumstances.
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