Preamble
The Home Sanctuary Amendment seeks to modernize and expand protections for the domicile and personal liberty against government intrusion. The intent is to make the home a sovereign sanctuary. Ensuring that lawful government action doesn’t result in sudden, violent rupture of a family or unlawful loss of life. While still permitting necessary law enforcement operations under heightened judicial scrutiny.
Section 1: The Right to Home Sanctuary and Limits on Forced Entry (Modernizing the Third Amendment)
This section tightens the rules for all government raids and forced entry.
- 1.1 Refusal of Entry: No agent of the government shall enter a domicile against the explicit consent of a lawful resident. This right to refusal is absolute, absent a judicial warrant specifying entry, or a verified, immediate, and exigent circumstance (such as an active fire, hot pursuit of a violent felon, or clear and imminent danger of serious physical harm or death to any person inside).
- 1.2 Heightened Warrant Requirement for Forced Entry: Any judicial warrant authorizing forced entry (an “Entry Warrant”) must be reviewed and signed by no fewer than two separate judicial officers and must explicitly state the permissible scope of force, the hours during which entry may be attempted, and the evidence supporting the necessity of forced entry over other means. A plain clothes or unmarked police raid is prohibited under an Entry Warrant.
- 1.3 Counsel and Search Delay: If an Entry Warrant is presented and the premises are secured (i.e., the subject is detained and agents have established control), any search for evidence authorized by that warrant must be suspended upon the subject’s request until their legal counsel is physically present. This suspension shall not exceed three (3) hours unless extended by a single judicial officer upon a clear showing that a delay beyond three hours will result in the imminent and demonstrable destruction of evidence. This aims to prevent situations like the Breonna Taylor raid, where deadly force precedes the opportunity for counsel or even a clear understanding of the situation.
Section 2: Protection Against Separation and Unwarranted Removal or Detention (Blending Fourth and Fifth Amendments)
This addresses the protection of family units and residents from being removed without strong judicial oversight. This addresses the protection of minors and deportation raids from the home, like those seen under the Trump administration.
- 2.1 Protection of Minors: No person under the age of eighteen (18) years shall be forcibly removed from a domicile by any government agent unless there is an individualized, clear, and immediate threat of serious physical harm, abuse, or neglect to that minor, and this finding has been explicitly stated in a court order or is required by an exigent circumstance as defined in Section 1.1.
- 2.2 Removal Warrants: The forcible removal or detention of any adult resident from their domicile for the purpose of deportation, extradition, or pre-trial detention requires an individualized Removal Warrant. This warrant must be reviewed by two judicial officers and demonstrate clear and compelling evidence that the individual poses a serious flight risk or an imminent threat to public safety. No mass or non-individualized rounding-up from a domicile is permitted. The intent is to ensure that a family does not “go to bed and wake up deported.”
Section 3: Protections of the Person and Against Profiling (Expanding the Fourth and Fifth Amendments)
This section aims to solidify the Fourth Amendment’s protection of the person and address the issue of governmental requests for identification.
- 3.1 The Right to Be Unquestioned: The Fourth Amendment protection against unreasonable seizures shall apply to the person, such that any government agent is prohibited from detaining, stopping, or requesting identification, documentation, or other identifying information from a person without reasonable, articulable suspicion that the individual has violated a criminal law.
- 3.2 Prohibition of Profiling: The use of a person’s race, ethnicity, religion, national origin (including perceived migrant status), gender, or sexual orientation as a determining or substantial factor in establishing reasonable suspicion or probable cause for a stop, search, or seizure is strictly prohibited.
View the Home Sanctuary Amendment Supporting Text Here
View More Restoration of the Republic Proposals Here
View More Project 2029 Initiatives Here
