From the Fourth Amendment:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
From the Fifth Amendment:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger;
From the Minority Report:
To hear them tell it, the five police agencies who apprehended 39-year-old Oregonian David Pyles early on the morning of March 8 thwarted another lone wolf mass murderer. The police “were able to successfully take a potentially volatile male subject into protective custody for a mental evaluation,” announced a press release put out by the Medford, Oregon, police department. The subject had recently been placed on administrative leave from his job, was “very disgruntled,” and had recently purchased several firearms. “Local Law Enforcement agencies were extremely concerned that the subject was planning retaliation against his employers,” the release said. Fortunately, Pyles “voluntarily” turned himself over to police custody, and the legally purchased firearms “were seized for safekeeping.”
This voluntary exchange involved two SWAT teams, police officers from Medford and nearby Roseburg, sheriff’s deputies from Jackson and Douglas counties, and the Oregon State Police. Oregon State Police Sgt. Jeff Proulx explained to South Oregon’s Mail Tribune why the operation was such a success: “Instead of being reactive, we took a proactive approach.”
There’s just one problem: David Pyles hadn’t committed any crime, nor was he suspected of having committed one. The police never obtained a warrant for either search or arrest. They never consulted with a judge or mental health professional before sending out the military-style tactical teams to take Pyle in.