“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


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

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