• Obtaining a warrant without a sworn statement despite the Constitution

    From Adam H. Kerman@21:1/5 to All on Tue Jun 17 16:55:50 2025
    Let's review the Constitution.

    Fourth 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.

    Do you see "supported by Oath or affirmation"? That's not ambiguous, but
    then, I'm not a judge. There is line of cases (that I admit I am
    unfamiliar with) introducing ambiguity. The cop applying for a warrant
    makes a sworn statement to the judge, but the warrant may be based on
    what a witness observed. The witness didn't make a sworn statement to
    the court, or even to the cop during interview.

    This callous disregard in issuing warrants, in which the judge hasn't
    heard directly from the person with the information upon which the
    warrant is to be issued, leads to both unwitting errors and warrants
    issued upon deliberately false statements. Lack of a sworn statement
    means no consequences for the person who made the statement.

    Raiding the wrong home can lead to the ultimate consequence: death.

    Here's the Institute for Justice taking a case in which they would try
    to get judges to interpret this very important civil right using the Constitution's plain language.

    ARRESTED for Asking Trespasser to Get off HIS Porch https://www.youtube.com/watch?v=fye_JTGQ4y8

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From moviePig@21:1/5 to Adam H. Kerman on Tue Jun 17 15:09:32 2025
    On 6/17/2025 12:55 PM, Adam H. Kerman wrote:
    Let's review the Constitution.

    Fourth 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.

    Do you see "supported by Oath or affirmation"? That's not ambiguous, but then, I'm not a judge. There is line of cases (that I admit I am
    unfamiliar with) introducing ambiguity. The cop applying for a warrant
    makes a sworn statement to the judge, but the warrant may be based on
    what a witness observed. The witness didn't make a sworn statement to
    the court, or even to the cop during interview.

    This callous disregard in issuing warrants, in which the judge hasn't
    heard directly from the person with the information upon which the
    warrant is to be issued, leads to both unwitting errors and warrants
    issued upon deliberately false statements. Lack of a sworn statement
    means no consequences for the person who made the statement.

    Raiding the wrong home can lead to the ultimate consequence: death.

    Here's the Institute for Justice taking a case in which they would try
    to get judges to interpret this very important civil right using the Constitution's plain language.

    ARRESTED for Asking Trespasser to Get off HIS Porch https://www.youtube.com/watch?v=fye_JTGQ4y8

    Without even nominal penalty for credulity, what else should we expect?

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)