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Old Jul 5, 2012 | 3:02 pm
  #74  
RichardKenner
 
Join Date: Mar 2009
Posts: 1,972
Originally Posted by InkUnderNails
And it also defines the terms of reasonableness. Richard, we have disagreed on this before and I respect your opinion. It is shared by a lot of people, just not me.
Right. There is definitely the opposing school of thought. The argument against it is that the word "Warrant" was a generally-understood term at the time which applied to a specific British practice and that the term doesn't precisely mean what we now call a "search warrant". And, of course, administrative searches aren't the only ones that don't require a search warrant. Other exceptions are things in plain sight (perhaps one could argue that it's not a "search"), situations where there's no expectation of privacy (e.g., one's front porch or discarded trash), a search incident to an arrest, a Terry stop, "exigent circumstances" (e.g., somebody calling for help), and so on.
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