How can I find caselaw which supports the reasoning that...?

Question

If a police officer enters into a building, place of business, or residence it becomes a search?

Not calling it a search, but that simply entering is fundamentally a search.

For example, in Kyllo v. United States, (http://en.wikipedia.org/wiki/Kyllo_v._United_States) The court ruled that thermal imaging of Kyllo's property as well as residence constituted a search, and since the police officers had not obtained a warrant, was illegal.
I am asking, if thermal imaging is a search, mustn't an entry be a search?

By the way, the thermal imaging of Mr. Kyllo's property and residence occured while police were at a 'public vantage point' and not even presently on his property.

Answer 1

Look at your States revised statutes, and look for search of residence, warrant-less search, and warrant restrictions.
Usually, you have right to privacy, and the security of your home, unless you or another invites a law enforcement person in.
There is still the need for probable cause though.

I would look into where the laws are that show property rights.
If the imaging was done less than 1000 feet, chances are they violated airspace laws.
Most property laws show that 1000 feet up from property is private.
That would violate the privacy laws, and is covered under illegal search.

Public vantage point is only if they were flying within regulated airspace, meaning that there is a flight zone above the place, and used by commercial air traffic.

Answer 2

Wilson vs. Arkansas (1995) was the name of a landmark case argued by my former boss, John Hall, to the US Supreme Court. It established the law requiring cops to knock and announce before entering.

However--simply entering a dwelling is not tantamount to searching since anything in plain sight is exempt from what you want to be a 'search". You are probably thinking illegal entry---ie--cops didn't know before entering.......then anything they even see would be inadmissible, but there is no 'search', only an entry.


To answer your additional info question--no, an entry and a search are not the same thing. Kyllo--I'm familiar with that case, If I recall correctly it involved the Patriot Act---A cop can look through your window too and that's not an entry. Likewise, a cop can enter your garage and that is not a search ot your house.

And gunsandammo, thanks for the back up and you are correct but I don't think we are ready to get into exigent circumstances...LOL!

Answer 3

There is no case law that says if an officer enters someones property it is automatically construed as a search. Your question is very vague considering the topic. There are many reasons why an officer can legally enter someones property on premises other than search and seizure. Whenever an officer is legally inside someones property, any illegal property they can see can be seized and used against them under the plain view doctrine.

Answer 4

Kathy is right. I would only add that a mere failure of a knock and notice is not an automatic "illegal" entry if it falls under one of the exigent circumstances for entry.

Additionally, Hudson vs. Michigan states that a mere violation of a knock and notice if officers have a search warrant does not result on the suppression of evidence.

Answer 5

you won't because simply entering a residence or public establishment is not fundamentally a search

Answer 6

web site findlaw.com....very good resource Or just google fourth amendment (search and seizure)

Answer 7

its not a search. but if he enters leagely, any in plain view that is identified as contraband can be seized. but it is not a search. research plain vew doctrine.