No-Knock - Who's There - Probable Cause: United States v. Moore
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Authors
Purcell, Stephen G.
Issue Date
1993
Type
Journal Article
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Abstract
INTRODUCTION|The Fourth Amendment to the United States Constitution provides: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. The purpose of the Fourth Amendment is to protect citizens from overzealous law enforcement officers who implement unreasonable means to seize evidence or persons. Unfortunately, officers conducting a search or seizure are unable to discern, from the language of the Fourth Amendment, the specific means by which they may lawfully enter a person's home. For more than 150 years, the question of what is a reasonable means of entry by an officer has been litigated in our criminal justice system...
Description
Citation
26 Creighton L. Rev. 873 (1992-1993)
Publisher
Creighton University School of Law