Warrantless Searches of Homes

[parabelum]

No tax reform, no bumcare repeal, but...with only 1% opposition, Warrantless Searches of Homes passes Congress.

"A bill that will allow homes to be searched without a warrant was passed with overwhelming support by the United States Congress, and signed into law by President Trump—and it happened with no media coverage and very little fanfare."

House Joint Resolution 76.

http://www.zerohedge.com/news/2017-08-2 ... opposed-it



Yea, make America great again.

[Rex B]

Wow. I'd like to think Cruz didn't see that part, but he's smarter than that.

Seems to me like Texas Game Wardens have a similar power. Anyone know?

[parabelum]

Did not make it Senate yet. I am hoping that I just misunderstood the text.

[Rex B]

"and signed into law by President Trump"

Maybe because it affects only DC that just the House has to pass it.

[bmwrdr]

There is a statement for D. C., MD and VA within the metro transit area ...
Perhaps just fake news or some other bla bla to stir the pot.

[carlson1]

Seems to me like Texas Game Wardens have a similar power. Anyone know?

An old myth.
Parks and Wildlife Code Section 12.103 gives the Game Warden authority to come on to your land, but not inside your home.
Parks and Wildlife Code Section 12.104 allows the Game Warden that has reasonable, articulable suspicion of poaching to search vehicles for evidence of poaching.

If the Game Warden had the "super search powers" that the old legend says they have then the police can just call the Game Warden when they want to search a house.

[Rex B]

Legit: https://www.congress.gov/bill/115th-con ... olution/76

Not sure the text of that article rises (drops?) to the level of "Warrantless Search".

[parabelum]

"“31. In performing its duties, the Commission, through its Board or designated employees or agents, may:

“(b) Enter upon the WMATA Rail System and, upon reasonable notice and a finding by the chief executive officer that a need exists, upon any lands, waters, and premises adjacent to the WMATA Rail System, including, without limitation, property owned or occupied by the federal government, for the purpose of making inspections, investigations, examinations, and testing as the Commission may deem necessary to carry out the purposes of this MSC Compact, and such entry shall not be deemed a trespass. The Commission shall make reasonable reimbursement for any actual damage resulting to any such adjacent lands, waters, and premises as a result of such activities;"


https://www.congress.gov/bill/115th-con ... on/76/text

The highlighted is what alarms me. What is "reasonable notice" and who decides?
"Premises adjacent..."? What would that include?
Then the text reads "...including, without limitation, property owned or occupied by the federal government..". The preceding "including" verbiage appears to me as a non lawyer to mean "everything to this point is private, now we are addressing the fed property...". Either way, they encompassed both public and fed property without explicitly mentioning "public", cleverly. To me, it is implied and the burden would rest on private citizen to address in court at his/her expense.

Hmm. Smells like rotten fish to me still. Dangerous precedent at the very least.

How would everyone feel if this was Obama / Pelosi/ Reid product? I don't like it.

[OlBill]

Have you guys read Warrior Cop?

[crazy2medic]

Wow. I'd like to think Cruz didn't see that part, but he's smarter than that.

Seems to me like Texas Game Wardens have a similar power. Anyone know?

Yes game wardens can search you vehicle, camper, without a warrant if they believe you have broken game laws, not sure about your home though, ATF can search your home, business, vehicle without a warrant if you are a FFL

[ScottDLS]

Wow. I'd like to think Cruz didn't see that part, but he's smarter than that.

Seems to me like Texas Game Wardens have a similar power. Anyone know?

Yes game wardens can search you vehicle, camper, without a warrant if they believe you have broken game laws, not sure about your home though, ATF can search your home, business, vehicle without a warrant if you are a FFL

Define "search". Can a FFL home be searched by ATF if it is not the licensed location? Can they kick the door down, throw a flashbang in and do a "no knock" search of you licensed location because you have a FFL. Can they search without you present, in the absence of a warrant.

I wonder if the DPS troopers keep a few game wardens on hand to help with warrantless vehicle searches when they don't feel like getting a warrant. Do they require any visible evidence or probable cause before a warrantless search or is the game warden's "belief" sufficient.

[nightmare69]

I've never had a game warden search anything of mine without first asking. One asked to see inside my live well and cooler once, another looked in the back of my truck after a shot was heard after dark in a National forest. Warrantless searches require solid PC and 5 of those tree shaped air fresheners hanging off a rear view mirror isn't good PC anymore for possible drugs in a vehicle.

[crazy2medic]

Wow. I'd like to think Cruz didn't see that part, but he's smarter than that.

Seems to me like Texas Game Wardens have a similar power. Anyone know?

Yes game wardens can search you vehicle, camper, without a warrant if they believe you have broken game laws, not sure about your home though, ATF can search your home, business, vehicle without a warrant if you are a FFL

Define "search". Can a FFL home be searched by ATF if it is not the licensed location? Can they kick the door down, throw a flashbang in and do a "no knock" search of you licensed location because you have a FFL. Can they search without you present, in the absence of a warrant.

I wonder if the DPS troopers keep a few game wardens on hand to help with warrantless vehicle searches when they don't feel like getting a warrant. Do they require any visible evidence or probable cause before a warrantless search or is the game warden's "belief" sufficient.

Yes ATF can search your private residence even if that is not where you do business, if you have a FFL they can search all your property without a warrant!

[anygunanywhere]

Wow. I'd like to think Cruz didn't see that part, but he's smarter than that.

Seems to me like Texas Game Wardens have a similar power. Anyone know?

Yes game wardens can search you vehicle, camper, without a warrant if they believe you have broken game laws, not sure about your home though, ATF can search your home, business, vehicle without a warrant if you are a FFL

Define "search". Can a FFL home be searched by ATF if it is not the licensed location? Can they kick the door down, throw a flashbang in and do a "no knock" search of you licensed location because you have a FFL. Can they search without you present, in the absence of a warrant.

I wonder if the DPS troopers keep a few game wardens on hand to help with warrantless vehicle searches when they don't feel like getting a warrant. Do they require any visible evidence or probable cause before a warrantless search or is the game warden's "belief" sufficient.

Yes ATF can search your private residence even if that is not where you do business, if you have a FFL they can search all your property without a warrant!

Just because they can doesn't make it constitutional.

[ScottDLS]

Wow. I'd like to think Cruz didn't see that part, but he's smarter than that.

Seems to me like Texas Game Wardens have a similar power. Anyone know?

Yes game wardens can search you vehicle, camper, without a warrant if they believe you have broken game laws, not sure about your home though, ATF can search your home, business, vehicle without a warrant if you are a FFL

Define "search". Can a FFL home be searched by ATF if it is not the licensed location? Can they kick the door down, throw a flashbang in and do a "no knock" search of you licensed location because you have a FFL. Can they search without you present, in the absence of a warrant.

I wonder if the DPS troopers keep a few game wardens on hand to help with warrantless vehicle searches when they don't feel like getting a warrant. Do they require any visible evidence or probable cause before a warrantless search or is the game warden's "belief" sufficient.

Yes ATF can search your private residence even if that is not where you do business, if you have a FFL they can search all your property without a warrant!

Is this only for sole proprietor owners? If I'm a corporate owner of an FFL in a LLC or CORP can they search my private residence? Or is it only for "responsible persons" on the FFL regardless of corporate form. I'm getting a little worried about my Wal-Mart and Northrop Grumman stock?

Is there a law or CFR that authorizes this warrantless search of private residences? Who is authorized to perform them and how are they typically performed?

Can property or persons be seized during the warrantless search and would such seizures be admitted as evidence in federal court? What is the consequence of physically resisting or preventing these warrantless search under state law remedies? Perhaps the searchers must be armed federal agents. What about unarmed inspectors. Are they authorized to make warrantless, forcible, entry to FFL sole proprietors' private residences? Seems like a litany of fourth amendment issues...