In this concluding portion of our series, we will discuss
illegal searches as they relate to an individual's home. The
following will serve as a paradigm for exploring police searches
of the home; Were the police allowed to enter the home? Were the
police allowed to search the home? What was the scope of the
permissible search within the home? The 4th Amendment provides
the most safeguards to people in their homes. This stems from
colonial America and is one of the foundational principles of
the Bill of Rights. The 4th Amendment is premised on the idea
that the home is one's castle and the government cannot enter it
unless there is good reason to do so. Searches of the home can
be separated into two categories, searches with and without
warrants. A search absent a warrant is presumptively
unreasonable. Without a warrant, police can only search
somebody's home if there is exception to the warrant rule.
However, this is one the situations in law where it is said the
exception swallows the rule. Searches WITH Wa