So I was witnessing the following action and thought I'de write a paper for school on this but need some interpitation on the legality of the actions of the officer involved;
A friend was permitted to access the roof of a multifamily complex to fix a satalite dish.
An overly cautious resident called the police.
The police arrive, the resident who was on the roof provided the officer with his name and date of birth. He then points to the maintinance personell and managment member that gave the permission.
The police decided there was no suspicious activity, gave the resident a fist bump and left.
Five minutes later the officer came back and arrested the resident that was on the roof for a warrent.
Now if I'm understanding the law this would be an illegal search of the residents information sine his name was ran after the fact that it was made clear that the resident was authorized by managment and maintenance to be up there that the officer had no resonable suspition that a crime was being committed when he ran the residents name and date of birth
1 Answer from Attorneys
Searching a person's public information does not require a warrant. Searching the database to see if a person has an outstanding warrant does not require a warrant, probable cause, or reasonable suspicion. The fact that the officer ran the name and date of birth is perfectly fine as it is not a search under the Fourth Amendment.
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