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Discuss the constitutionality of warrant-less searches in the Patriot Act. If a policeman came into my house and searched it without a warrant, and I sued him.. in the court, are they going to deal...

Discuss the constitutionality of warrant-less searches in the Patriot Act.

If a policeman came into my house and searched it without a warrant, and I sued him.. in the court, are they going to deal with the case under the Patriot Act, where it's allowed to do so, or under the US Constitution where it's illegal to do unreasonable searches without a warrant?

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Ashley Kannan eNotes educator | Certified Educator

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As with any legal query, more specifics will be needed.  Speaking in the most general of senses, I think that the Patriot Act does not necessarily seek to embrace warrantless searches.  The Patriot Act simply widens the potential for searches that government officials deem as necessary in fighting enemy combatants or a clear threat of terror.  I am not entirely certain that the Patriot Act can be used to simply "go into" any person's home and search it without a warrant or probable cause.  Even the most ardent...

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