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View Diary: Search continues for Dzhokar Tsarnaev (318 comments)

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  •  Has this ever been ruled on... (0+ / 0-)

    ...when a widespread manhunt is being done and there's no reason to believe that the suspect is in a specific house vs. 200,000 other buildings in the general vicinity? I've not heard that the courts have decided that every legitimate manhunt is a justification for warrantless searches of any space that the person being hunted could be in - I would hope it's not a blank check.

    I believe any evidence found of any crime during such a search would be completely admissible IF the search was legal and the area the evidence was found was a reasonable area for the police to have seen when searching for a suspect,

    Of course, if you volunteer to let the police search your place during a manhunt, then it's a legal search and you have no claim if they do find something. If you object and they overrule you, the courts would have to decide if the search violated the Fourth Amendment.

    In reality, I think it would be rare for police to bother with most criminal evidence they find in such a situation as they have better things to do. Perhaps if it's indicative of a major crime (like they find a bunch of fresh corpses in a room and you are not a mortician by trade), though, they might remember it and come back a couple days later with a warrant based on what they noticed during the first search.

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