top of page

The 4th Amendment Security Sign

  • Writer: Oleg Fastovsky
    Oleg Fastovsky
  • Mar 22, 2016
  • 1 min read

A relatively recent Supreme Court decision (2013), Florida v. Jardines, contemplated whether police could walk up to a homeowner's front door with a drug-sniffing dog. Although the Court decided that it was, in fact, a search and that such action is impermissible, it compelled a debate as to what is and is not permissible.

Although the Supreme Court ruled in favor of the homeowner , other types of encounters may be deemed permissible. In fact, this past month, the U.S. Court of Appeals for the Tenth Circuit indicated that a simple "no trespassing" sign doesn't revoke implied permission for a police officer to knock on someone's door (or other types of encouters, such as solicitors). To revoke said permission would require something more.

Two law professors, Stephen E. Henderson and Andrew G. Ferguson, have created a website (FourthAmendmentSecurity.com) (in anticipation of a forthcomgin article on the matter, selling magnets, stickers and lawn signs that explicitly address the revocation of the implied consent to cross onto a homeowner's property.

Although legal articles typically reach only a small and particularlized audience, with this endeavor they hope to inform the public regarding what constitutional rights they have and raise awareness. Although it is essentially an attempt at humor, it does point out the often absurdity in the law. More information is avabilable on their website.


 
 
 

Comments


Featured Posts
Check back soon
Once posts are published, you’ll see them here.
Recent Posts
Archive
Search By Tags
Follow Us
  • Facebook Basic Square
  • Twitter Basic Square
  • Google+ Basic Square
Practice Areas
  • Assault

  • Burglary/Robbery

  • College Students

  • Domestic Violence

  • Drug Crimes

  • Drug Distribution / Trafficking and Conspiracy

  • Drug Possession

  • Driving on a Suspended License / Privilege

  • DUI/DWI

  • DUI/DWI Commercial

  • DUI/DWI Repeat Offender

  • Federal Criminal Defense

  • Fraud and White Collar Crimes

  • Murder / Manslaughter

  • MVA Hearings

  • Parole / Probation Violations

  • Sex Offenses

  • Theft Offenses

  • Traffic

  • Warrants

  • Weapons Offenses

  • Facebook Social Icon
  • Twitter Social Icon
  • Google+ Social Icon
  • YouTube Social  Icon
  • Pinterest Social Icon
  • Yelp Social Icon

Attorney at Law

 

Convenient office locations in the heart of Baltimore, as well as Howard, Anne Arundel and Baltimore Counties.

(443) 414-6504

www.marylandcriminaldefender.com

oleg.fastovsky@gmail.com

Copyright (C) 2021.  All rights reserved | www.marylandcriminaldefender.com

Home - Profile  -  Traffic  -  Blog  -  Disclaimer  -  Contact

bottom of page