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Fourth Amendment The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable s*arches and s*izures, shall not be v*olated, 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."" THIS IS KEY, THE WARRANT DID NOT LIST THE ITEMS TO BE SEIZED.!! Amdt4.4.3 Probable Cause Requirement The concept of probable cause is central to the meaning of the warrant clause. Neither the Fourth Amendment nor the federal statutory provisions relevant to the area define probable cause; the definition is entirely a judicial construct. An applicant for a warrant must present to the magistrate facts sufficient to enable the officer himself to make a determination of the probable cause. In determining what is probable cause . . . [w]e are concerned only with the question whether the affiant had reasonable grounds at the time of his affidavit . . . for the belief that the law was being v*olated on the premises to be searched; and if the apparent facts set out in the affidavit are such that a reasonably discreet and prudent man would be led to believe that there was a commission of the offense charged, there is probable cause justifying the issuance of a warrant.1 Probable cause is to be determined according to the factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians, act.2 Warrants are favored in the law and their use will not be thwarted by a hypertechnical reading of the supporting affidavit and supporting testimony.3 For the same reason, reviewing courts will accept evidence of a less judicially competent or persuasive character than would have justified an officer in acting on his own without a warrant.4 Courts will sustain the determination of probable cause so long as there was a substantial basis for [the magistrate] to conclude that there was probable cause.5 Amdt4.4.4 Particularity Requirement FBI V*OLATED BOTH AMENDMENTS!! """The requirement that warrants shall particularly describe the things to be seized makes general searches under them impossible and prevents the seizure of one thing under a warrant describing another. As to what is to be taken, nothing is left to the discretion of the officer executing the warrant.1 This requirement thus acts to limit the scope of the search, as the executing officers should be limited to looking in places where the described object could be expected to be found"""" .2 The purpose of the particularity requirement extends beyond prevention of general searches; it also assures the person whose property is being searched of the lawful authority of the executing officer and of the limits of his power to search. It follows, therefore, that the warrant itself must describe with particularity the items to be seized, or that such itemization must appear in documents incorporated by reference in the warrant and actually shown to the person whose property is to be searched.3 THE DAYS WILL END ... TIME WILL BE ETERNAL |
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THE FBI DID NOT HAVE CARTE BLACHE AUTHORITY THE DAYS WILL END ... TIME WILL BE ETERNAL
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NILE. I DID NOT DELETE UR COMMENT. IT WAS SOME HOW TIED TO KNOW IT ALL BOND, AKA LULU. BOB WORKING OVE R TIME. I QUOTE WORD FOR WORD THE 4TH AMENDMENT AND THESE DWEEBS WANT TO DISCREDIT OUR NATIONS FOUNDLING PAPERS, " AND THEY ARE NOT USA CITIZENS. VANQUISH THEM TO THE BOWELS  THE DAYS WILL END ... TIME WILL BE ETERNAL
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THE DAYS WILL END ... TIME WILL BE ETERNAL
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