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<blockquote data-quote="Dave70968" data-source="post: 2995963" data-attributes="member: 13624">I can&#039;t come up with anything in the Constitution that would explicitly forbid them, and--as noted above--I can see (very rare) instances where they&#039;re warranted (no pun intended).&nbsp; A much better argument would be an excessive force claim, but that&#039;s based in statute, not the Constitution.What would help is for the officers to exercise common sense in their warrant requests, and judges to exercise meaningful oversight--including asking hard questions--when they grant warrants.&nbsp; Also, even if they&#039;re permissible under SCOTUS precedent, state constitutions and statutes can be more restrictive (though they wouldn&#039;t be binding on federal agents, just state/county/local).&nbsp; See <a href="http://law.okcu.edu/wp-content/uploads/2014/06/OCULREV-Spring-2012-Bolick-1-15-7-24-121.pdf" target="_blank">http://law.okcu.edu/wp-content/uploads/2014/06/OCULREV-Spring-2012-Bolick-1-15-7-24-121.pdf</a> for an excellent explanation of the &quot;one-way ratchet;&quot; I had the opportunity to sit in on that lecture while I was in law school.</blockquote>

[QUOTE="Dave70968, post: 2995963, member: 13624"] I can't come up with anything in the Constitution that would explicitly forbid them, and--as noted above--I can see (very rare) instances where they're warranted (no pun intended). A much better argument would be an excessive force claim, but that's based in statute, not the Constitution. What would help is for the officers to exercise common sense in their warrant requests, and judges to exercise meaningful oversight--including asking hard questions--when they grant warrants. Also, even if they're permissible under SCOTUS precedent, state constitutions and statutes can be more restrictive (though they wouldn't be binding on federal agents, just state/county/local). See [URL]http://law.okcu.edu/wp-content/uploads/2014/06/OCULREV-Spring-2012-Bolick-1-15-7-24-121.pdf[/URL] for an excellent explanation of the "one-way ratchet;" I had the opportunity to sit in on that lecture while I was in law school. [/QUOTE]

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