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4th Amendment Rights, the “Emergency Aid” Doctrine, and Violations of Privacy by Police

The Fourth Amendment: Warrant Required Unless Lawfully Recognized Exception The Fourth Amendment dictates that warrantless searches inside a home without warrant “are presumptively unreasonable.” Payton v. New York (1980) 445 U.S. 573, 586. In order to justify a warrantless search, the government’s interest in conducting the search must be rise to a level greater than…

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Your Second Amendment Rights and Private Property

The crimes of carrying a loaded firearm or possession of a concealed firearm both require that the firearm be carried by the person in a “public place”. But this is limited to what the Courts construe as the meaning of a “public place”. What the Jury Instructions Say Jury instructions are often a helpful way…

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