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Question 1 : Fourth Amendment ( Search of Ms . Billiken s Home and Arrest of Ms . Billiken ) In her lawsuit, Ms .

Question 1: Fourth Amendment (Search of Ms. Billikens Home and Arrest of Ms. Billiken) In her lawsuit, Ms. Billiken argued that the agents entered her home without a warrant and in violation of the Fourth Amendment. The agents conceded that the administrative search order was not a warrant, but nevertheless argued that their entry into Ms. Billikens home was supported by probable cause and that the imminent threat of domestic terrorism, coupled with Ms. Billikens delay in answering her door, constituted exigent circumstances which justified their warrantless entry. Did Special Agents Johnson and Steele conduct a search when they entered Ms. Billikens home, and did their entry fall under the exigent circumstances exception to the warrant requirement?
Question 1 is a Fourth Amendment question. When discussing whether this is a search, you are expected to discuss the cases from Unit 9(Katz, Kyllo, Jones, and Carpenter) and can analyze the facts under the expectation of privacy test, the trespass test, or both. Even if you conclude this is not a search, you must also discuss the exigent circumstance's exception, using the cases in Unit 10(US v. District Court, Safford, McNeely, and Calabretta). Assume the agents had probable cause (Despite the fact that the agents reasoning involved some inferences that may be open to criticism, the district court concluded that the information the agents possessed amounted to probable cause to believe that an unknown number of unidentified members of FUSCHSIA were actively planning an attack with STARKILLER Sabers somewhere in Chihuahua on or before November 17,2017. Ms. Billiken did not contest that determination on appeal, so that issue is deemed waived. As such, we express no opinion on that issue, and assume without deciding for purposes of this decision that on and after November 13,2017, the agents had probable cause to believe that an unknown number of unidentified members of FUSCHSIA were actively planning an attack with STARKILLER Sabers)(p.7) and discuss only if there were exigent circumstances.

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