Under the original public meaning of the Fourth Amendment, a portion of the common law 'implied license' concerning trespass was revoked, specifically, any implied license for a government official to enter upon the curtilage of a home for the purpose of seeking information about a violation of law. This has yet to be properly recognized by the Supreme Court of the United States.
Warrant are supposed specific not general. “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.” -4th amendment
Well what you didn't you didn't mention this is that cops will lie to you and that's not illegal but if you lied to them that's withholding information. If police approach you without warrant in hand, they're building a case more often than not and want to gather evidence to get the warrant. DON'T TALK TO POLICE, my defense attorney and even other cops say if you're at home don't answer the door and ignore them... Always record your interactions with them because they will twist contextual situations to their favor. They have told me in the past for refusing to let them search that they can use my refusal as grounds to then search whatever it was anyway which isn't the case.... Doesn't mean they won't lie and say I smelled the odor of marijuana or something like that, which it's best to not answer them in the first place. If they have the evidence they won't be asking permission.
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Thanks for this! -A procrastinating law student
Glad it was helpful!
Ditto
Border guards and TSA agents do not require warrants either to perform searches
False
Under the original public meaning of the Fourth Amendment, a portion of the common law 'implied license' concerning trespass was revoked, specifically, any implied license for a government official to enter upon the curtilage of a home for the purpose of seeking information about a violation of law.
This has yet to be properly recognized by the Supreme Court of the United States.
Do you have any sources for this? Such as letters from the founders?
The 4th amendment doesnt say anything about exceptions or community care taker
I don't have any tickets.
So if someone were to get arrested for a traffic warrant and the LEO searches the car ? Can evidence bring new charges?
As long as the search is legal (and a search incident to a lawful arrest is), the evidence found is admissible and can lead to new charges.
These statements are true ... under Statutory Jurisdiction.
Next thing you're gonna have exceptions for everything else.
Take all the Exceptions under the 4th and compile them together in a list, they should equal out to somekind of General Warrant.
Warrant are supposed specific not general. “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.” -4th amendment
It's Awesome Georgia
Well what you didn't you didn't mention this is that cops will lie to you and that's not illegal but if you lied to them that's withholding information. If police approach you without warrant in hand, they're building a case more often than not and want to gather evidence to get the warrant. DON'T TALK TO POLICE, my defense attorney and even other cops say if you're at home don't answer the door and ignore them... Always record your interactions with them because they will twist contextual situations to their favor. They have told me in the past for refusing to let them search that they can use my refusal as grounds to then search whatever it was anyway which isn't the case.... Doesn't mean they won't lie and say I smelled the odor of marijuana or something like that, which it's best to not answer them in the first place. If they have the evidence they won't be asking permission.
I believe that if there had been some kind of exception it would have been found in the Constitution, in which case it isn't!
You really commented several times on the same video😂
the warrant requirement isn't in the constitution either. the 4th just says warrants have to be based on PC it never says warrants are required.
Good vid
Exceptions are plain and simple and that is violations of the rights.
👍
Only an idiot would allow a violation of the right!
You fight your right in court, not with the police. If you fight with the police, you will just end up under ground.