“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
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?”
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Posted on February 27, 2014, in 4th Amendment, Podcast, Search & Seizure and tagged 4th Amendment, Fernandez, Podcast, probable cause, search warrant, The Fourth Amendment, unreasonable searches and seizures. Bookmark the permalink. Leave a comment.