FourthAmendment DueProcess CriminalProcedure Privacy
Does the Fourth and Fourteenth Amendment require a search warrant or probable cause to seize and search personal papers during a welfare check?
QUESTION PRESENTED The Police entered Mr. Remillard’s locked home and bedroom without a search warrant. The Police had reason to believe Mr. Remillard may have committed suicide so they entered the locked home through an unlocked window to determine Mr. Remillard’s welfare. A search of the first floor of his small home revealed no dead or wounded person; a search of his second floor bedroom revealed no dead or wounded person. While in the bedroom, an officer decided to seize and read several pages of handwritten personal papers. Eventually it was determined the handwritten documents were Mr. Remillard’s. After reading these personal papers, the officer decided everything changed “drastically” and this welfare check turned into a homicide investigation based solely on the contents of the Mr. Remillard’s handwritten personal papers. The warrantless search justified by a welfare check was not strictly circumscribed as required by law. Law enforcement did not have a blank check to read the personal papers found in Mr. Remillard’s bedroom. Does the Fourth and Fourteenth Amendment of the federal Constitution require the Police to obtain a search warrant or otherwise have probable cause of a crime to seize and search the personal handwritten papers found in one’s bedroom when it is conducting a welfare check? If so, does the Sixth and Fourteenth Amendment require defense counsel to challenge by a Motion to Suppress Evidence the warrantless seizure and search of the personal papers? 2 LIST OF RELATED CASES 1. State v. Remillard, Supreme Court of Ohio, Jurisdiction declined, Case No. 20191395, 1231-19 2. State v. Remillard, Ohio Fifth District, 2019 Ohio 3545, Case No. 18 CA 16