I'm certainly aware of that. And that's the slippery slope when people and courts can't understand in plain language just what the Constitution says. Just like the 2nd amendment..but that's for another discussion.
If a cop comes to your front door and wants to come in “just to look around” you can tell him to get screwed, get a warrant. Same if you get pulled over. No, get a warrant.
The 4th amendment is not very long. It's not full of legalese, The Bill of Rights were written very simply so simple people like me can understand it. It's attorneys and courts that make it complicated.
So, you and I may disagree. And I'm sure there are thousands and thousands of cases and decisions using thousands and thousands of pages of BS to explain a simple little amendment that guarantees our rights. I'll just read it like it is written and go from there. "That’s why the Fourth Amendment has such strict requirements for being able to obtain a warrant: probable cause, and specificity of the place to be searched and the thing or person to be seized." It was supposed to be strict. I'm pretty sure now most judges just rubber stamp any warrant, but that's beside the point. I don't understand your point actually. So, since it's (the warrants) requirements are so strict, then the government shouldn't have to be bothered? Again, I don't claim to be as smart as a "constitutional law professor", but I can read. I've found that a lot of very smart people have very little common sense. And of course the old adage applies "if you can't explain it then baffle'em with bull shit." I haven't looked but I'm pretty sure a required class in law school is "bull shitting 101"
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“MAY”
is not strict scutiny
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“SHALL”
is “Strict Scutiny”
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4th Amendment:
“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.”
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- All the jailhouse lawyers can go back to Media Matters now....
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