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Old March 4, 2014, 01:56 PM   #11
JimDandy
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Join Date: August 8, 2012
Posts: 2,556
Quote:
How could it possibly be a Fourth Amendment violation. The Fourth Amendment protects one from unreasonable searches and seizures. How could asking a question be either?
As has been mentioned, answering the question is compulsory. Couldn't that, in theory, make you an Agent Of The State? Here a podcast transcript from the Federal Law Enforcement Training Center describes what triggers an Agent Of The State condition. Acting at the behest, or on behalf of the government. In this case, the government is asking you to act on their behalf to (mentally) search your own home and/or person, where you have a reasonable expectation of privacy for the presence of (item). I think Katz v. United States 389 U.S. 347 supports something pretty close to that theory. While a question wasn't asked, the government "searched and seized" the guy's own words, without entering his home, or even the phone booth.

If the person were a prohibited person, it would most certainly be a 5th amendment violation wouldn't it? HAYNES v. UNITED STATES, 390 U.S. 85 (1968)

With that said, while it MAY be a government search to compel you to list an inventory, partial or otherwise, of your home, it also may or may not unreasonable. While I suspect it would be near impossible to get a search warrant to look for legally possessed firearms by someone who isn't even suspected of a criminal act, there may be other justifications for a search.
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