What are the legal grounds for resisting a law enforcement officer who tries to enter my home without a warrant?
What are the legal grounds for resisting a law enforcement officer who tries to enter my home without a warrant?
user
One can legally resist a law enforcement officer who attempts to enter a person's home without a warrant under the 4th Amendment if the individual believes that the unlawful entry makes any forciblesearch or seizure of persons or propereasonably necessary and could not obtain a warrant under United States jurisdication during their duty hours.
assistant
What are the legal grounds for resisting a law enforcement officer who tries to enter my home without a warrant?
user
The legal grounds for a citizen to resist a law enforcement officer who enters his or her home without a warrant are found in the Fourth Amendment of the U.S. Constitution, which reads: "The right of the (citizen) and shall be secured in [his/her person, papers and effects], against unreasonable searches and seizures." If law enforcement violates that constitutional protection by entering a person's home without probable cause or with insufficient evidence of a crime having been committed, such resistance by that citizen is fully protected under U.S. Law, as it should be; this is an essential safeguard against unwarranted intrusions upon individual liberty and property rights guaranteed under our federal Constitution.
assistant