Michigan Attorney Philip Ellison Breaks Down Your Fourth Amendment Rights
Attorney Philip Ellison says homeowners have strong Fourth Amendment protections, but government officials may still be allowed onto private property in certain situations without a warrant.
A Michigan attorney says many homeowners misunderstand when government officials can legally enter private property and what protections are guaranteed under the Fourth Amendment.
Attorney Philip Ellison of Outside Legal Counsel discussed property rights, government inspections and constitutional protections during a recent interview with independent journalist Dave Bondy.
Ellison said government officials generally may approach a home’s front door to initiate contact, a practice commonly referred to as a “knock and talk.”
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“The law recognizes this national implied license that we permit Girl Scouts, law enforcement and trick-or-treaters all to come to our front door and knock,” Ellison said.
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According to Ellison, that authority extends to police officers and other government officials, including zoning inspectors, health inspectors and federal agents. However, he said officials typically cannot move beyond areas open to the public without legal justification.
“What they’re supposed to do if they still want to get into your home or they want to go on the back side of your property is they got to go get a warrant,” Ellison said.
The Fourth Amendment protects people from unreasonable searches and seizures by the government. Ellison said those protections extend not only to the home itself but also to the area immediately surrounding it, known in legal terms as the “curtilage.”
“The Fourth Amendment protects your home and what’s known as the curtilage around your home,” he said.
Ellison noted there are exceptions, including emergency situations and the pursuit of criminal suspects. For example, officers chasing a fleeing suspect may enter private property without first obtaining a warrant.
Still, he said courts have consistently held that such exceptions are narrow and limited.
“If government violates your constitutional right to the privacy of your home, which the Fourth Amendment was designed to protect, you can sue about it to protect your rights,” Ellison said.
The attorney also discussed recent court rulings involving zoning officials and other administrative inspectors. He said some government employees have operated under the assumption that constitutional protections apply differently to them than to traditional law enforcement officers.
“The government’s the government,” Ellison said. “They have to comply with the Fourth Amendment regardless of what their purpose is.”
Ellison said his law firm has recently obtained favorable rulings from the U.S. Court of Appeals for the Sixth Circuit involving property rights and government inspections.
The discussion also touched on the use of drones by government agencies. Ellison said courts are still working through how existing constitutional protections apply to rapidly advancing technology.
“We’re still trying to figure that out,” he said. “I still take the viewpoint that regardless of what new technology comes out, we should err on the side of privacy in favor of the citizen.”
Bondy encouraged viewers to learn about their rights and not feel intimidated when approached by government officials.
“The important thing is to know your rights,” Ellison said. “And if you don’t know your rights, ask a lawyer who does.”
Ellison’s law firm maintains resources about Fourth Amendment issues and constitutional protections for Michigan residents interested in learning more about property rights and government searches.
This article is a paid partnership between Dave Bondy and Attorney Philip Ellison.