Is the Fourth Amendment right to search a person's home without consent?

California, United States of America


The following excerpt is from People v. Ray, 21 Cal.4th 464, 88 Cal.Rptr.2d 1, 981 P.2d 928 (Cal. 1999):

Is it? "[E]ven the most law-abiding citizen has a very tangible interest in limiting the circumstances under which the sanctity of his home may be broken by official authority...." (Camara v. Municipal Court (1967) 387 U.S. 523, 530-531, 87 S.Ct. 1727, 18 L.Ed.2d 930.) Up to now the law has unequivocally provided Fourth Amendment protections against all searches by police officers, regardless of their subjective intentions. Unlike the author of the lead opinion, I am not persuaded that " 'the assistance role of law enforcement... in this society will go downhill' " (lead opn., ante, 88 Cal.Rptr.2d at p. 13, 981 P.2d at p. 939) unless we adopt their newly devised "community caretaking" exception.

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