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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 v
by calibas 3y ago
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.
- tptacek 3y agoA reminder here that our common understanding of the term "warrant" is not that of the 4th Amendment, and the Constitution has never forbade warrantless searches --- only "unreasonable" searches, where "unreasonable" is almost a term of art meaning "whatever judges agree to", and which currently capture a whole bunch of specific kinds of warrantless searches, like searches incident to arrest and searches at border crossings, many of which were also employed at the time of the founders. The warrant clause of the Fourth Amendment was a response to the "General Warrant", an instrument issued by the British government to local officials that was essentially a license to harass at will; that's why Constitutional warrants have to describe particular places, persons, and things (because that's what General Warrants didn't do).
- steve76 3y ago[dead]