, but he is correct that the Constitution does not require that the government get a warrant first.
The fourth Amendment quoted above clearly states that probable cause is required for a warrant to be issued. There is nothing in the amendment that indicates that there is ever a situation that allows a search or seizure without a warrant.
“There is nothing in the amendment that indicates that there is ever a situation that allows a search or seizure without a warrant.”
Actually, there is nothing in the Fourth Amendment or elsewhere in the Constitution that requires that a warrant be issued before a search or seizure takes place. The Framers didn’t want warrants to be issued; they placed restrictions on when warrants could be issued, because warrants allowed officers of the state to escape liability for their searches and seizures. But warrantless searches have always been permitted, so long as they are reasonable, and they occur every day.