Fourth Amendment: Exceptions to the Warrant Requirement (Part I)

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  • Опубликовано: 28 сен 2024
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Комментарии • 31

  • @suitsandstrings55
    @suitsandstrings55 2 года назад +20

    Thanks for this! -A procrastinating law student

    • @LawShelf
      @LawShelf  2 года назад +2

      Glad it was helpful!

    • @CRColes
      @CRColes 2 года назад

      Ditto

  • @rdsieben
    @rdsieben Год назад +2

    Border guards and TSA agents do not require warrants either to perform searches

  • @2Truth4Liberty
    @2Truth4Liberty Год назад +1

    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the original public meaning of the Fourth Amendment, a portion of the common law 'implied license' concerning trespass was revoked, specifically, any implied license for a government official to enter upon the curtilage of a home for the purpose of seeking information about a violation of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.

  • @tomtree3872
    @tomtree3872 2 года назад +2

    These statements are true ... under Statutory Jurisdiction.

  • @gutierrezjrmiguel
    @gutierrezjrmiguel Год назад

    Take all the Exceptions under the 4th and compile them together in a list, they should equal out to somekind of General Warrant.

    • @coolman54061
      @coolman54061 Год назад +1

      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

  • @gutierrezjrmiguel
    @gutierrezjrmiguel Год назад +2

    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!

    • @coolman54061
      @coolman54061 Год назад +1

      You really commented several times on the same video😂

    • @mrsoul680
      @mrsoul680 Год назад

      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.

  • @connerwilliams2039
    @connerwilliams2039 3 года назад +1

    Good vid

  • @vvitheldvvork2389
    @vvitheldvvork2389 2 года назад +1

    I'm asking you once, i'm gon ask again, look do you mind if i search? moments later.... You have any question for us? ANYTHING ELSE? No question following our question.

  • @dthundergunb3115
    @dthundergunb3115 2 года назад +1

    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.

  • @gutierrezjrmiguel
    @gutierrezjrmiguel Год назад +1

    Next thing you're gonna have exceptions for everything else.

  • @gutierrezjrmiguel
    @gutierrezjrmiguel Год назад +4

    Exceptions are plain and simple and that is violations of the rights.

  • @shaungorham5479
    @shaungorham5479 2 года назад +1

    It's Awesome Georgia

  • @cotiaratv3651
    @cotiaratv3651 Год назад +1

    👍

  • @centobyte
    @centobyte 5 месяцев назад

    The 4th amendment doesnt say anything about exceptions or community care taker

  • @gutierrezjrmiguel
    @gutierrezjrmiguel Год назад +2

    Only an idiot would allow a violation of the right!

    • @childfreesingleandatheist8899
      @childfreesingleandatheist8899 Месяц назад

      You fight your right in court, not with the police. If you fight with the police, you will just end up under ground.

  • @garretonaban8533
    @garretonaban8533 Год назад

    So if someone were to get arrested for a traffic warrant and the LEO searches the car ? Can evidence bring new charges?

    • @LawShelf
      @LawShelf  Год назад

      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.