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View Diary: [Updated:] The veto-Alito strategy. Frist must have 60 'Yes' votes (265 comments)

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  •  original understanding (none)
    You mean like congress declares war, the 4th amendment against unwarrented seizures, those kind of constitutional rights that have been so wonderfully upheld by the Republicans?
    •  Have they been challeneged in Court? (none)
      Ummm, no.

      And, btw, 4th Am, does not prohibit warrantless searches and seizures.  Only unreasonable ones.

      •  No. (none)
        The standard is not "reasonable/unreasonable." The standard is PROBABLE CAUSE.

        "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; 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."

        •  Nope, wrong (none)
          standard for WARRANTS is probable cause, as you conviniently highlighted.  Standard for searches is reasonable/unreasonable.

          The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated;

          •  good then (none)
            i think the people have reasonable grounds to search our white house without a warrant from head to toe regarding bushco.'s involvement with jackoff.
          •  the plain meaning of the statute... (none)
            says it's unreasonable to search without probable cause.

            The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; 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.

            Also Arizona v. Hicks "The Court ruled that the police officer's acts with the stereo constituted a search and the police would need to meet the "probable cause" standard in order to lawfully conduct a search of the private equipment.

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