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First, welcome to LSE, Josh. And congratulations on such a nice first question. The answer to your question is No. Inviting an officer into your house to talk about a robbery does not give the officer the right to search your house. Talking and searching involve two different amendments, and you must waive your rights under each explicitly. However, under ...


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The central legal question would be whether the minor has the capacity and authority to consent to a search: in the context of search law, the police would have to have a reasonable belief that both are the case. It is not reasonable to believe that an 8 year old can consent to a police search, that is, a child will most likely acquiesce to a request from ...


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Hard to Tell The individual consented to a search by letting the officer come in, and consent searches are held to be reasonable. Katz was an unconsented invasion of privacy (picking up sound through the glass in a telelphone booth). The glass has been "knowingly exposed", and the glass is in plain sight (Horton v. California, 496 U.S. 128. "...


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Yes and No See Katz v. United States, 389 U.S. 347, 351 (1967): What a person knowingly exposes to the public, even in his home or office, is not a subject of Fourth Amendment protection. But what he seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected. The glass has clearly been "knowingly exposed" ...


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The search warrant itself must be given upon request by the person who’s property it was issued for/against. Note I said “warrant” NOT the “affidavit” filed and presented to the judge in order to obtain it. What you meant to say, and you were accurate in your statement otherwise, was about the affidavit being sealed and unattainable during an investigation ...


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