Filed January 28, 2011
The very core of the Fourth Amendmentis “the right of a man to retreat into his own homeandthere be free from unreasonable governmental intrusion.” (Silverman v. United States (1961) 365 U.S. 505, 511 [81 S.Ct. 679, 5 L.Ed.2d 734].) “[I]t is beyond dispute that the homeis entitled to special protection as the center of the private lives of our people.”
Filed March 4, 2013
See, e.g., Kyllo v. United States, 533 U.S. 27, 31 (2001) (“‘At the very core’ of the Fourth Amendment ‘stands the right of a man to retreat into his own home and there be free from unreasonable government intrusion.’”) (quoting Silverman v. United States, 365 U.S. 505, 511 (1961)). While the government’s interest was also very high, it had other alternatives available to achieve its ends— Case 3:13-mc-00005-RRB Document 16 Filed 03/04/13 Page 30 of 55 27 namely, a traditional criminal warrant.
Filed December 16, 2004
Asa generalrule, evidence obtained and observations made in violation of the Fourth Amendmentmustbe excluded from a subsequent criminal prosecution. (Mapp v. Ohio, supra, 367 U.S.at p. 655; Silverman v. United States (1961) 365 U.S. 505.) This general rule is applicable to a situation such as the one _ presented in appellant's case, where the conductofthe detectives involved the flagrant disregard ofboth theletter and spirit of the law.