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Ely
Ely, Counselor at Law
Category: Criminal Law
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under the current IRS whistleblower laws, can someone enter

Resolved Question:

under the current IRS whistleblower laws, can someone enter the premises and search a private residence looking for evidence? would that be trespassing, breaking and entering and/or a warrentless search?

are government investigators working undercover able to use their status as say, a professor or a doctor to give a person of interest substandard care or neglect their responsibilities as a teaching in order to gather information? what if it is a dead end and the person get hurt (health problems, bad grades, no mentoring, not learning a specialized content area necessary for employment, etc.).

can police enter homes and use them as posts or stake-outs without the knowledge of the owner?

can the police/homeland security compell a private citizen to engage in activities such as building/renovating a home to allow them closer access to something they are investigating?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Ely replied 5 years ago.
Hello,

Welcome to JustAnswer and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

The answer is not. Neither federal whistlerblower law nor its state statutory equivalents allow a private party extra rights to trespass and/or invade someone's privacy. So yes, that can be construed as a criminal matter.

However, once that information is gathered, it can be used in civil court. But by it being introduced, by virtue of it being authenticated, the party that gathered that evidence by illicit means itself may face criminal/civil charges for doing so.

Government investigators in a sting operation can indeed use this evidence, but again, unless a warrant has been provided, the evidence may be quashed in a criminal case, and in a civil case, that may be basis for a tort suit.

can police enter homes and use them as posts or stake-outs without the knowledge of the owner?

The answer is no.

can the police/homeland security compell a private citizen to engage in activities such as building/renovating a home to allow them closer access to something they are investigating?

The answer is no. The individual has to be a willing participant to any such matter.

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