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mmoosslast Friday at 5:15 PM6 repliesview on HN

> the "inviolability of the home" human dignity concept doesn't exist in the US.

Maybe not under that term, but for example, almost the only place an American's 4th Amendment protections against search and seizure apply is in their home. Law enforcement can search their garbage at the curb, monitor their [edit: public] movements via camera and license plate monitoring, etc., look them up online, all without warrants [*]. They can't do that in someone's home.

[*] I'm pretty sure no warrant is required to search curbside trash or do most online research.


Replies

perihelionslast Friday at 6:00 PM

The distinction here is whether police can secretly enter a home to plant bugs, &c. In the US, this is routine; in Germany, this is (was?) taboo.

(FYI, you can escape * as \* to get it to display as *).

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tptaceklast Friday at 6:31 PM

I think the "inviolability" thing is useful just to understand what's actually happening here, but it's also important to understand that the US and Germany have very different criminal justice, search, and evidentiary systems. Germany doesn't have an exclusionary rule for evidence, for instance.

jandrewrogerslast Friday at 5:45 PM

The boundaries of your "home" varies by State. For example, in some States the interior of your car is part of your home even when not at home, which occasionally has entertaining implications.

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jeffbeelast Friday at 5:59 PM

This article is not about warrantless searches of homes, though. In America, courts can and do order the police to secretly enter a domicile and install surveillance devices.

elcritchlast Friday at 6:00 PM

It also appears this Herman law allows “no knock” search warrants, which in the US are generally considered more serious and more restricted.

hrimfaxilast Friday at 5:27 PM

The trash search thing varies by state at least.