Yes it is constitutional, the police searched his home without a warrant while he was not in the state on a suspicion that he had a meth lab in his home. They found a ghost AK-47 with bloody fingerprints in his home. That is illegal and a felony but because they searched his home with no warrant or a case being built to find that AK-47 the man had his rights to not be charged.
Answer: It varies depending on your state, but in general, yes.
Good public policy it makes people