View Single Post
Old 06-15-2013, 06:40 PM
Kimmy_Gibbler Kimmy_Gibbler is offline
Join Date: Mar 2009
Posts: 3,712
Originally Posted by ctnguy View Post
Even if they don't require a warrant, surely entering and digging on private farmland without the landowner's permission is some kind of trespass? Aren't the police liable for that?
No, the authority to enter onto private land to investigate and enforce criminal law is an essential attribute of sovereignty. It is, quite literally, the police power which the Constitution's main purpose is to delineate and expressly confine. Confinements not expressed by the Constitution, therefore, do not exist at all.

In other words, no, there is no trespass. The government cannot "trespass" in any meaningful sense. The limitations on the sovereign right to enter land within its jurisdiction are (1) the search and seizure protections of the Fourth Amendment, and (2) the Takings Clause restrictions of the Fifth Amendment. Neither have been violated here (under the facts as we are understanding them to be).

Last edited by Kimmy_Gibbler; 06-15-2013 at 06:40 PM.