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Fourth Amendment protections under attack by "conservatives".(Fox News Network L.L.C.)
"They that can give up essential liberty to obtain a little temporary safety," observed Benjamin Franklin, "deserve neither liberty nor safety." That sentiment, which animated our Founding Fathers, is almost never expressed today. Just the opposite in fact. Consider the words of Fox News commentator Bill O'Reilly, who on his O'Reilly Factor broadcast of August 10 repeatedly cited the apparently successful efforts of British police to foil a massive terror plot as proof that America should chuck the Fourth Amendment protections against unreasonable search and seizure. "No question, Great Britain gives its police more room to contain terrorism than we do here," O'Reilly noted. "In Britain it is 'reasonable suspicion,' here it's 'probable cause'--huge difference." Then he asked his guest, Larry Walters, an attorney and civil libertarian, "Why shouldn't we have reasonable suspicion rather than probable cause," like the British do?
When Mr. Walters tried to explain the importance of our constitutional protections against warrantless searches without probable cause, the Fox commentator retorted: "You can argue theory and constitutional rights all day long, but as you know, laws can be changed, the Constitution can ...
- Do the clothes make the man? Implications of a witness' status in the...
- Magazine article from: Fordham Urban Law Journal Ward, Jessica August 1, 2001 700+ words
...cause exists. I. DEFINING PROBABLE CAUSE A. What is Probable Cause? The Fourth Amendment to the United States Constitution...of a warrant. (2) The Fourth Amendment does not literally require probable cause to accomplish a warrantless...
- Excluding automobile passengers from Fourth Amendment protection. (during...
- Magazine article from: Journal of Criminal Law and Criminology Riggs, Jenny L. March 22, 1998 700+ words
...BACKGROUND The Fourth Amendment to the Constitution...based upon probable cause.(11...interpretations of the Fourth Amendment, the Supreme...always to show probable cause before seizing...exception to the Fourth Amendment's probable cause ...
- Inferring probable cause: Obtaining a search warrant for a suspect's home...
- Magazine article from: The FBI Law Enforcement Bulletin Hendrie, Edward February 1, 2002 700+ words
...Supreme Court. It ruled that probable cause is a practical, nontechnical...stated that the test for probable cause under the Fourth Amendment should be a totality of...The Court reasoned that probable cause is a fluid concept that...
- Crime scene searches: the need for Fourth Amendment compliance.
- Magazine article from: The FBI Law Enforcement Bulletin Crawford, Kimberly A. January 1, 1999 700+ words
...with the dictates of the Fourth Amendment when searching the scene...area protected under the Fourth Amendment. To obtain a valid search...critical requirements of the Fourth Amendment: 1) establish probable cause to believe that the location...
- The fellow officer rule and the officer assistance statute in Florida: separate...
- Magazine article from: Florida Bar Journal Lee, Robert W. December 1, 1999 700+ words
...consistent with Fourth Amendment requirements...determination of probable cause. In particular...assessment of probable cause."[2] The...by federal Fourth Amendment analysis...doctrine, probable cause is determined...
- Ferguson v. City of Charleston, South Carolina: "fetal abuse," drug testing,...
- Magazine article from: Stanford Law Review Gagan, Bryony J. November 1, 2000 700+ words
...under the Fourth Amendment, searches...warrant or probable cause. Notably...nor did probable cause exist...may cure Fourth Amendment problems...exception to the Fourth Amendment's warrant and probable cause requirements...
- Right and responsibility in Fourth Amendment jurisprudence: the problem with...
- Magazine article from: Yale Law Journal Citron, Eric F. March 1, 2007 700+ words
...CONSEQUENCES OF A NEW FOURTH AMENDMENT VOCABULARY INTRODUCTION...Now having probable cause to suspect possession...without the Fourth Amendment hurdles of warrants, probable cause, or even reasonable...well expect our Fourth Amendment doctrine to...
- Investigatory stops and the Fourth Amendment.(Case Note)
- Magazine article from: Journal of Criminal Law and Criminology Pelic, Jennifer June 22, 2003 700+ words
...articulable facts. II. BACKGROUND A. FROM PROBABLE CAUSE TO REASONABLE SUSPICION The Fourth Amendment, which protects individuals "against...Amendment requires individual suspicion and probable cause to conduct a search. (8) However, in...