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Defendant was stopped by police inside the parking garage underneath his apartment building, as he arrived home from work. He was arrested for operating a
Defendant was stopped by police inside the parking garage underneath his apartment building, as he arrived home from work. He was arrested for operating a vehicle while intoxicated. Defendant argued that police did not have a warrant to enter the garage, an extension of his home, which is a protected area. What Constitutional Amendment may protect the Defendant and did the police violate his rights under that Amendment? Did the police need a warrant?
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