“The Fourth Amendment prohibits unreasonable searches and seizures and provides that a warrant may not be issued without probable cause, but, ‘the text of the Fourth Amendment does not specify when a search warrant must be obtained.'”

– Fernandez v California, pg 5 II A (emphasis mine), quoting Kentucky v King

Discussion Question:

Do you believe that the Framers intent was that warrants could be issued “only on probable cause” after a search has already taken place? Do you support of object to such an application of “upon probable cause?”

Comments welcome, or eMail us HERE


About Dave

Talk Show host, lifelong Baseball and Star Trek fan, US Navy Submariner and Fire Control Technician (Ballistic Missile) 1st Class Petty Officer (Submarine Qualified), Dave is married with four daughters, one son, two sons-in-law and two grandchildren plus one on the way. He resides quietly in Manteca, CA, where he records his podcast, Plausibly Live, three days a week. He also writes for several other blogs and as a "Stay at home Dad" plays a lot of games with his son. Dave loves books, history and is learning to weld and drive a forklift. Just for fun. Dave is also a Life Member of the Disabled American Veterans and a Member of the US Submarine Veterans.

Posted on February 27, 2014, in 4th Amendment, Podcast, Search & Seizure and tagged , , , , , , . Bookmark the permalink. Leave a comment.

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