"Another Heller Conundrum: Is it a Fourth Amendment 'Exigent
Circumstance' to Keep a Legal Firearm in Your Home?" (
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2128801 )
UCLA Law Review Discourse, Vol. 59, p. 230, 2012
JOHN D. CASTIGLIONE (
http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=701833 ), Latham
& Watkins LLP
Email: [email protected]
In Heller and McDonald, the Supreme Court recognized an individual’s
constitutional right to possess a firearm in his home. This leads to an
interesting question — doesn’t that right conflict with the common
practice of police forcibly entering a home, without knocking and
announcing their presence, when a reasonable suspicion exists that the
occupant is armed? In other words, if one has a Second Amendment right
to keep a gun in the home, should that limit one’s Fourth Amendment
right to a knock on the door before police enter? This Article considers
the question and offers a framework for analysis.
****************************************************************************************************************
Professor Joseph Olson, J.D., LL.M.
o- 651-523-2142
Hamline University School of Law (MS-D2037)
f- 651-523-2236
St. Paul, MN 55113-1235
c- 612-865-7956
[email protected]
http://law.hamline.edu/constitutional_law/joseph_olson.html
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