How far can I go to protect my 4th amendment right? How far can one go to defend him/herself from an unreasonable search and seizures, in the same sense of one defending him/herself from an unlawful arrest? For example (hypothetical), an officer thinks that there is evidence to a crime in one's tool shed, looks far enough, without entering one's property, to get a closer look. He thinks he sees evidence in sight and attempts to search it without a warrant. However, the property owner (say is a person of interest in the case), forbids him from searching the shed, as he does not have a warrant and highly believes there is no possible way he could have seen the evidence from outside his property. The officer attempts to barge in, and the owner defends himself, say by pressing against the door to the shed with heavy objects, making extremely loud noise to get the officer to leave, or anything else that would make the situation dangerous or unplesant for the officer in efforts to get him to leave and prevent an "unreasonable search and seizure".
How far can one go to defend him/herself from an unreasonable search and seizures, in the same sense of one defending him/herself from an unlawful arrest? Not very far. Basically all you can do is try to talk the officer out of it. He thinks he sees evidence in sight... If the police officer reasonably believes that there is evidence of a crime in plain view, then the officer can proceed to seize the evidence. If the property owner tries to use force to prevent the seizure, then the officer can arrest the property owner. ... the property owner ... highly believes there is no possible way he could have seen the evidence from outside his property. It doesn't matter what the owner believes (unless the owner can somehow convince the officer before the search). What matters is what the court believes. But the owner cannot bring the matter to court before the officer enters the shed. If the officer insists on entering the shed and the owner can establish in court that the officer couldn't see the evidence and that there was no other lawful basis for a warrantless search or seizure, then the evidence will be inadmissible. The owner might also be able to prevail in a civil suit for the violation of civil rights, but the bar for such a suit is very high, so the likelihood is very small.
If there is no reasonable suspicion of a crime having been committed or about to be committed, then there is no reason to seize you, and the Fourth Amendment "right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated". Even if a state has a "stop and identify" statute, reasonable suspicion is a minimum requirement for seizing your person, even temporarily. Texas is not a state with an obligation to identify statute. I would not expect the state to be very helpful, given the facts as you report them. There might be others, such as the ACLU, who may be happy to discuss the particulars of your case. The police need to justify a stop in court, and not to the person being seized. I don't know if there is any case law saying that a false police statement to a detainee ("No, I don't have a reasonable suspicion") precludes claiming in court that there was reasonable suspicion, but it should at least make the claim of reasonable suspicion less credible. They do have to have reasonable suspicion, and they do not have to tell you what that suspicion is. OTOH if they are just harassing bicyclists, that would be illegal.
If the police are able to attain a warrant that for some reason identifies your room and your things in particular, then they can search your room and seize your things. Ideally the police would have to give the judge or magistrate reasonable suspicion that their target has put some evidence in your room, or that some of your things are evidence relating to the purported crime. In practice, warrants err on the side of generality, so the police can easily get a warrant to search "the whole residence" without contemplating the nuance of which tenants use which rooms. Likewise, when determining what to seize, the police can certainly choose to err on the broad side and seize anything that meets the criteria of the warrant without stopping to determine who owns what. "Respect" of any sort is not a legal factor in the execution of an approved warrant.
First off, you cannot booby trap your property, period. It is both illegal and tortious. But, as you noted, there are already questions/answers that deal with this issue. Sure enough, if the police get a no-knock search warrant, that in and of itself is the Court order allowing entry by any means necessary. When the officers, there by right of law, breach the outer perimeter and stop at the warnings, they will not be seeking any other court orders to have you allow them "safe entry". Their warrant gives them all the right they need, as probable cause of crime and violent intent or intent to destroy evidence was already presented to a judge. If, in real life, you actually put up signage or state explicitly that they're being forewarned that you intend to harm, trap, maim, or otherwise make it unsafe to enter; or that doing so will result in an attempt to destroy evidence, that is something they have already assumed (hence the seeking and granting of the no-knock vs. a regular search warrant). However, the signs in and of themselves are not protected speech, but rather overt threats, and that would put you in a very precarious position indeed. If the police get a "no knock" warrant (the most invasive, difficult to get warrants, whereby there is a grave risk of destruction of evidence or injury to persons), the police will ensure they have safe passage &ndash; they've come prepared for dangerous entry long before your signs, but once they see them, you could rest assured they will take them as they are intended: as a direct threat to their safety, and they will deploy a SWAT or other heavily armed entry team (who is usually there anyway for these dangerous entries). You could expect things like smoke/out canister and teargas, flash bangs, and heavily armed and well armored officers attempting to force you from your dwelling. Presumably, if you need to disarm traps to escape the situation, they can enter. Assuming you're home when they invade with chemical weapons, whether you come out or not, they will force you to disarm whatever booby trapping you may have in place that may destroy evidence, likely walking you in as their human shield in the event you're lying about any dangerous ones. That is probably your best case scenario. They may just decide to throw you through the perimeter once they get their hands on you, just to see what happens! If you don't exit and are home or if you are lucky enough to be out, the bomb squad, ATF, and SWAT will converge on your property in less than typical means. Because from your warning they can assume some incendiary or explosive device exists, bringing it into the jurisdiction of other agencies. If they cannot disarm the trap, they would send a robot in first to set it off, or cut through your roof, or knock down a wall &ndash; whatever it takes to get in without using a typical means of ingress/egress, so as not to chance your trap. Regardless, you can rest assured that they will get in, and you will pay for the trap you set for law enforcement. Further, to whatever charges you'd have been faced with from evidence flowing from the original warrant will now be added additional charges like attempted murder of a peace officer; if you have any roommates or known associates: conspiracy to do those things; attempted destruction of evidence, criminal interference with a police investigation ... all at a minimum. If anyone is actually harmed, your signage offers you no shield from criminal or tort liability, and you will be lucky to live through the experience once they get their hands on you. Police tend to not like being the targets of intentional maiming, dismemberment or death. You have to understand that, according to this hypothetical, you are intentionally trying to harm law enforcement, or destroy evidence of your dangerous criminal activity. These are not invaders, or intruders according to the law; they are the people whose job it is to enforce the laws, collect the evidence (if you weren't getting arrested pursuant to the fruits of the warrant, you certainly would be at that point). The signs themselves would make excellent exhibits in the coming case of State v. you. BTW: The only reason they have left John Joe Gray alone is that he knows the Henderson County Sheriff Ronny Brownlow, who has been told that the ATF, FBI, and State SWAT, would all be happy to enter and get or kill Mr. Gray if need be. Since the Sheriff never filed any federal charges, and has determined that he doesn't want to breach (and it's in his jurisdiction to determine this), the Sheriff, aware that Gray's entire family is holed up in the "compound", decided it's not worth going in. It's as well known as it is anomalous. When the police want in, and have the right to get in, they will get in. That Sheriff just decided it's not worthwhile.
That is not a valid assumption. Many states have laws that let you presume someone is a threat to your life if they forcibly enter your house. Simple trespass on your land does not let you reasonably presume someone is a murderer. An autonomous killer drone is not a comparison you want to make: those may be illegal entirely, and are likely to seriously hurt any claim of justifiable force. “You forfeit your right to live when you set foot on my property” is not justifiable. If the dogs are trained to be a hazard to the community, that’s an argument in favor of having them confiscated and destroyed. Dogs are not people. Under normal circumstances, they cannot be protected under self-defense or the defense of others. Those doctrines only apply when a person is in danger. Deadly force is sometimes allowed to protect property, but this tends to be strictly limited. To start with, you can only ever use force to prevent illegal damage to property. If your concern is “this animal control officer will destroy my dogs within the scope of their duty,” that’s not protecting against an illegal use of force. Deadly force in defense of property is also normally limited to particular crimes that are inherently dangerous, like arson, robbery, or burglary. Even in Texas, simple theft only justifies deadly force during the nighttime. Deadly force is also not justifiable if there were reasonable other options. Shooting an animal control officer is unlikely to be the only way to temporarily stop them from destroying a dog. Threatening violence in order to influence a judge’s decision is terrorism. This hypothetical man is a terrorist. He may well find himself on death row for murder, but he’s also going to face separate charges for terrorism.
The general rule is that a warrant is required to enter private property (absent constitutional case law exceptions to the warrant requirement such as exigent circumstances and consent), and that a warrant is available only when there is probable cause that a crime has been committed. Whether the neglect or abuse of an animal constitutes a crime within the meaning of this 4th Amendment requirement could potentially be seen as a gray area, since historically, in the absence of statutory authority in early common law, an owner of an animal had absolute authority to deal with his or her property (the animal) as the owner of the animal saw fit. The purpose of the statute is to clarify that this conduct by an animal owner constitutes a crime for 4th Amendment search and seizure purposes by making a state law determination that it is a crime, which states can do, even though they can't change the constitutional requirement under the 4th Amendment. Also, just because a state can authorize law enforcement to get a warrant for any search authorized by the U.S. Constitution, that doesn't mean it has to allow law enforcement to do so in every case where it is constitutional for the state to do so. The duty to get a warrant for law enforcement to enter onto private property at all arises not only from other state statutes, but also from the 4th Amendment to the U.S. Constitution (as incorporated to apply against state and local governments though the due process clause of the 14th Amendment to the U.S. Constitution). But, the constitutional requirement has case law exceptions, so it isn't required in all circumstances. In particular, exigent circumstances, and the consent to entry exceptions, which are allowed by constitutional criminal procedure case law, could apply to the requirement to get a warrant in the first place. But, law enforcement needs to have the authority to search at all with a warrant under state law, for an exception to the warrant requirement to be relevant. This statute appears to carry out that purpose by authorizing searches for this particular purpose. For what it is worth, it is not the best drafted possible statute to achieve this objective, and it could have been written to be more clear, but it still gets the job done. So, in answer to the top-line question, no, I wouldn't read this statute as requiring a warrant in every possible circumstance in order to go onto private property to check on an animal, although a warrant would be required in every case where an exception to the warrant requirement under 4th Amendment case law does not apply. Section 578. Is an animal related statute rather than people. The people involved are the property owners. The property owner's rights in their real property are potentially infringed if there is a warrantless entry. The human beings owning the animals are potentially violating a law which the State of Missouri wants law enforcement officers to be able to enforce (the relevant laws are the state animal cruelty and agricultural laws expressly referenced in the statute, so, it is irrelevant that &quot;Barry County Missouri has no animal control laws or leash laws&quot;). Among other things these statutes make it a crime if a person &quot;Has custody or ownership of an animal and fails to provide adequate care[.]&quot; As the question claims that: &quot;The definition &quot;Adequate care&quot; is vague as well.&quot; But the question also notes that: &quot;The 578 statute has been challenged for being unconstitutionally vague and arbitrary which was overruled but that was serious abuse case.&quot; The state has a right to decide what is and is not illegal. It is not prohibited from banning treatment of animals that is not serious abuse. The state has every right to make it a crime to fail to provide adequate care for an animal, even if that failure to provide adequate car does not constitute severe abuse. Also, keep in mind that a lawful search requires only probable cause to believe that a crime was committed and a good faith belief that an exception to the warrant requirement is present. If the law enforcement officer has a good faith belief that the animal will die or seriously suffer or be hidden by the owner in the time that the law enforcement officer reasonably thinks that it will take to get a warrant, the exigent circumstances exception to the warrant requirement applies. The fact that the lawful search later reveals that a crime was no committed does not mean that the search was improper. A mere belief that an animal was abused or neglected and that exigent circumstance were present with a reasonable factual basis (e.g. a tip from a neighbor who seems credible and claims to have personal knowledge of the facts) will usually suffice to establish probable cause. So warrant needed or not? and if so, what legal action can be taken for trespass, rights violations under color of law etc. if any? If there is a search without a warrant or probable cause was not present, and an exception to the warrant requirement does not apply, and the property owner believes that their 4th Amendment rights were intentionally violated by law enforcement in the warrantless search in violation of clearly established law to the contrary, a civil lawsuit against the law enforcement officer under 42 U.S.C. § 1983 can be brought in state or federal court. The employer of the law enforcement officer can be sued as well, under the same statute, if the warrantless search in violation of the clearly established constitutional right was made pursuant to an express policy of the law enforcement officer's employer. But the fact that the law enforcement officer violated someone's rights does not automatically make the law enforcement officer's employer civilly liable for the wrong. In most U.S. states, law enforcement officers are protected by state law governmental immunity from common law trespass lawsuits for their conduct while carrying out their official duties, but I haven't checked specifically to see if that is the case in Missouri. A claim of a 4th Amendment violation can also be a ground for suppressing evidence obtained with an unlawful search when defending a prosecution under some ordinance or statute that relies upon that evidence.
Police can get a warrant, if the warrant is supported by &quot;probable cause&quot; to believe that evidence of a crime exists. A separate &quot;probable cause&quot; requirement is that to arrest a person, there must be &quot;probable cause&quot; that they committed a crime. However, the Privacy Protection Act makes it unlawful to search &quot;work product materials possessed by a person reasonably believed to have a purpose to disseminate to the public a newspaper, book, broadcast, or other similar form of public communication&quot;, unless there is probable cause that the person committed the crime in question. There are similar laws (&quot;shield laws&quot;) at the state level. Here is a map which gives you an indication what immunities exist in what states.
Seeking out every person with a warrant would take more staff-time and resources than many areas can afford. As such, only the most serious warrants are actively sought out. Others are either passively tracked (officers have a description or image, so that during normal duties, they would recognise such persons) or only heeded if a check of a person already detained shows one (of the warrant is very minor). As well as this, many of the people with "mid-range" warrants will make efforts to avoid police, such as by moving frequently; not reporting address details; staying with various friends or family, at their homes or businesses; being mobile as much as possible in public areas where few law enforcement personnel are likely to be present, let alone likely to recognise them as subject to outstanding warrants.