You Can’t Come In
The controversy over ICE’s breaking into houses with an administrative or internal warrant not issued by a judge takes me back to Professor Hunvald’s criminal law class. It was my first year of law school.
In order to write like a lawyer, you must learn to think like a lawyer. Law school teaches you how to think like a lawyer. It does this by using the Socratic Method. The Socratic Method allows the teacher to always ask questions. Answers are supplied by the student.
This can be quite maddening. But it teaches you to think, speak, and write, on your feet, no matter what a witness, opposing counsel, or judge throws at you.
Professor Hunvald was a master. First he wore a cape. Yes a cape. It made him look like a giant vampire as he stomped back and forth across the raised stage at the front of the room.
As he flew to my side of the room, I silently prayed, “Please don’t call on me.”
He called on me.
When called upon, we had to stand up and answer the professor’s questions until he was satisfied he had made a fool of us in front of all our fellow students.
“Mr. Gross”, he announced loudly, “Your roommate tells you the police are looking for him. Suddenly there is a knock on the door. You open it and it’s the police. They ask if they can search your apartment for a fugitive. Do you allow them to come in?”
“Yes.” says I, naively,
“Congratulations, Mr. Gross, you have just lost your first criminal case.” shouts Professor Hunvald, maniacally. He turns to torture another student, cape aflying.
Later I learn in Constitutional Law Class that the fourth amendment provides for residents of the US to be safe in their homes and papers. The US Supreme Court has ruled that a police officer needs permission or a judicial warrant to come into your apartment or even open the trunk of your car.
There are exceptions if the police are in hot pursuit of a criminal or enter to prevent a criminal act from taking place. But if the police didn’t show me a warrant signed by a judge, I should have said, “No, you cannot come in.”





