4 ms·
the 4th amendment has been incorporated to the states. states can't legislate/constitutionalize less protections than what federal law provides.. you know... be
by ledude 11y ago
the 4th amendment has been incorporated to the states. states can't legislate/constitutionalize less protections than what federal law provides.. you know... because the supremacy clause
this should be killed by a federal court very fast
[1] https://en.wikipedia.org/wiki/Incorporation_of_the_Bill_of_Rights#Amendment_IV https://en.wikipedia.org/wiki/Incorporation_of_the_Bill_of_R...
[2] https://en.wikipedia.org/wiki/Supremacy_Clause https://en.wikipedia.org/wiki/Supremacy_Clause
- voxic11 11y agoActually the justification for incorporating the bill of rights (well some of it) comes from the 14th amendment, not the supremacy clause.
- dragonwriter 11y agoThe supremacy clause is, however, the basis for why state statute can't brush aside the protections in the federal constitution, including those incorporated against the states by the Fourteenth Amendemnt.