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KNOW: Do DOH inspectors need a warrant?

User Rve
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Final answer:

DOH inspectors generally need a search warrant to perform searches or seizures, as mandated by the Fourth Amendment. Exceptions exist where there is no 'reasonable expectation of privacy' or under specific circumstances such as consent, exigency, or clear view. The concept of 'probable cause' is essential for issuing a warrant.

Step-by-step explanation:

The Fourth Amendment to the U.S. Constitution requires government officials, including Department of Health (DOH) inspectors, to apply for and receive a search warrant before performing a search or seizure. This legal document, issued by a judge, grants the authority to search and/or seize persons or property. However, Supreme Court rulings since the 1960s have developed exceptions to this requirement, particularly when there is no "reasonable expectation of privacy," such as when items are in plain view, when there is consent to the search, during exigent circumstances where evidence might be destroyed before a warrant can be obtained, and in certain other specific situations like searches of vehicles or at international borders.

Critics have noted that law enforcement frequently obtains warrants when requested, leading some to question the impact of the requirement. Yet the ability of police to secure warrants may simply reflect that they are only requested when there is sufficient reason to grant them, which aligns with the probable cause standard needed for a warrant to be issued.

User Trystan
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