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Tuesday, September 01, 2015

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Chanson de Roland

A couple of points. First a warrant is authorization, an order, issued according to law by a judge or magistrate of a court of competent jurisdiction that permits the someone, usually the state through its agents, to do a thing. That thing can be to make an arrest or conduct a search. However, there are different types of warrants, and a probable-cause warrant is a very special type of warrant. Probable-cause is a reasonable and articulable basis in fact for believing that a person has committed, is committing, or will commit a crime. The 4th Amendment of the U.S. Const. mandates probable-cause for both state and federal investigators to be able to conduct searches, seizures, surveillance, and monitoring of a person or his premises or property. However, there are certain important exceptions to that constitutional mandate, which the courts have, I think unfortunately, been expanding, thus shrinking probable-cause protections. Before a probable-cause warrant may issue, with certain important exceptions, the investigating authority must appear in court before a judge or magistrate and articulate the facts that are the basis of his probable-cause and swear and affirm that, based on his investigation or on information and belief (i.e., statements from an informant), those facts are true. If the facts later prove false, the warrant may be quashed and the evidence gathered from it, with certain important exceptions, may be excluded as evidence from any and all at least criminal legal proceedings.

As for the state restrictions reported on, supra, they do not in anyway restrain the federal government, which is restrained only by the 4th Amendment, the ambit of its constitutional jurisdiction, and federal law.

George

Chanson:

Thanks for the clarifying points. I agree. Probable-cause warrants are okay. I object to the warrantless kind.

George
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