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To: GrandEagle

"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."

Please note that these are two separate clauses, the first protecting against unreasonable searches, and the second imposing strict conditions before a warrant may be issued. The 4th Amendment does not require that warrants be issued before a search may be undertaken. The Founders hated warrants, since they would allow the police to escape liability in a civil suit, so they added the Warrant Clause to make it difficult for the police to obtain warrants.


41 posted on 11/08/2005 3:29:55 PM PST by AuH2ORepublican (http://auh2orepublican.blogspot.com/)
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To: AuH2ORepublican

I can't stand the "law and order" freaks. I always suspect that they have leather parties with posters of Ernst Rohm and Rudy Giuliani on the wall.


44 posted on 11/08/2005 3:33:16 PM PST by Clemenza (In League with the Freemasons, The Bilderbergers, and the Learned Elders of Zion)
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To: AuH2ORepublican
Amendment IV The US Constitution

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.

Now that is the most creative way around the Constitution I've ever seen. Why break the clause there? Lets back up a comma to ,"shall not be violated". That way there is no prohibition of the violation against unreasonable searches and seizure.
55 posted on 11/08/2005 3:46:09 PM PST by GrandEagle
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