PLEASE WATCH #HABERPA'S VIDEOFAQ # 377) What is the 4th Amendment “Warrant Requirement”? @ https://youtu.be/eeLpBx9nfFA
This Blog Post is a PSA (i.e. a "Public Service Announcement" that's designed to provide the folks with important information) but it also both marks the rollout of this latest batch of #HaberPA's VideoFAQs and highlights # 377) What is the 4th Amendment “Warrant Requirement”? and finally it's a shameless plug for #MichaelHaberLaw (#HaberPA's YouTube channel). Disclosures complete let's get to it:
- The PSA: #HaberPA's VideoFAQ # 377 explains "the what" of The 4th Amendment's Warrant Requirement. It's the second in a quintet (a "quintet" is a grouping of 5) of VideoFAQs that tackle The 4th and goes like this:
"Thanks for asking me “What is the 4th Amendment “Warrant Requirement”?” Before I can answer that question it’s important to understand what a warrant is: A warrant is a Court Order authorizing law-enforcement to conduct either a search, a seizure or an arrest.
The “Warrant Requirement” is found in the 4th Amendment to the United States Constitution and says, verbatim: “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.”
The US Constitution was written in 1787, ratified in 1788, effective in 1789, and it’s 1st 10 Amendments - which are collectively known as “The Bill of Rights” and which include The 4th and it’s “Warrant Requirement” - were enacted in 1791. At that time our newly founded country was celebrating it’s independence from the British Crown, and this included any of a number of whimsical dictates by King George III, but for our purposes most especially a little ditty known as a "Writ of Assistance". This Writ was effectively a generalized and non-specific search warrant routinely issued by the British government and executed on colonial soil, The 4th Amendment’s “Warrant Requirement” was specifically intended to serve as a check-valve against this sort of totalitarian action by establishing an absolute presumption of illegality for any search, seizure or arrest which was performed without a preexisting and valid warrant; but it also constructed a constitutional protocol by which warrants would necessarily issue.
In order to secure a lawful and valid warrant, sworn facts would first have to be presented to a “neutral and detached” magistrate, who would then have to conclude that those fact established “Probable Cause” before issuing either a search or an arrest warrant -which itself would have to be strictly tailored - or limited - to “the place to be searched, and the persons or things to be seized.”
In the 230+ years since it’s inception the 4th has been interpreted, modified and many “exceptions” to the warrant requirement have been carved out."
- The roll-out: Over the course of Memorial Day weekend we published #HaberPA VideoFAQs # 376 - 401, 5 of which deal with The Fourth Amendment per se, another 5 of which deal directly with the subject of warrants, 4 of which deal with searches and Motions to Suppress, 3 of which deal with Miranda Rights, 1 on "Spoliation of Evidence", 1 on "Chain of Custody" and 6 that deal with Arrests (more specifically 2 of which are generic, 2 concerning "Contempt of Cop" and 2 on "Gratuitous Charges").
Again, today we are highlighting # 377) "What is the 4th Amendment “Warrant Requirement”?", which you can watch at the following URL: https://youtu.be/eeLpBx9nfFA
- The shameless plug: #HaberPA's VideoFAQ catalogue is now up to 401 Criminal Defense, Criminal Law, Criminal Procedure, DUI, BUI, Domestic Violence, Evidence, Crime Victim Rights and Seal & Expunge "Webisodes" and we are currently scripting 24 new ones concerning such topics as: The 6th Amendment, Public Defenders vs. Private Criminal Defense Counsel, lawyer ethics (insert snarky oxymoron joke here...) and client's rights as are imposed upon all lawyers in The Sunshine State via the Rules Regulating the Florida Bar and updated firearm / gun laws in Florida's new Constitutional Carry era.
If you've not yet done so then I hope that you'll please SUBSCRIBE to #HaberPA's YouTube Channel #MichaelHaberLaw by visiting the following link: www.youtube.com/c/michaelhaberlaw
As of today we have 2,495 subscribers who've contributed to our 698,585 views, but your kind subscription will get us closer to reaching our immediate goal of 3,000 subscribers and 1,000,000 views!
Each #HaberPA VideoFAQ focuses on a specific question, most are 1 - 2 minutes long, but several in this latest batch are closer to the 3 minute mark (another relevant aside alert: "Necessity" is what we call an "affirmative defense", or a defense which negates the "intent" or Mens Rea" element of an otherwise criminal act as the actor's illegal conduct only occurred under threat, usually threat of harm), and while we may not always be successful in our endeavor we do consistently strive to make each VideoFAQ short, pointed, creative, entertaining and, most importantly, informative.
While I admittedly conjure a healthy percentage of the "questions" that form our VideoFAQs a substantial portion of them are in fact inspired by real world questions from others (e.g. clients, potential clients, random folks on social media / the internet, friends, family, colleagues, etcetera). Should you have a legal questions that you'd like #HaberPA to address then you're welcome - encouraged even - to SUBMIT it / them to me, be it by email (Sharky910@aol.com), calling or texting my cell phone (305-798-2220), messaging me on X /Twitter (@Sharky910), MeWe (also @Sharky910), on YouTube (via MichaelHaberLaw) or by PM'ing me right here on FB and, assuming that your proposed topic is both appropriate and fits within our wheelhouse then we'll be happy to provide you with a custom tailored video answer to your relevant question.
With all that said I hope that you enjoy # 377, that if you've not yet done so then that you become a #MichaelHaberLaw subscriber and in any event that you know that no attorney-client relationship with either #HaberPA or Michael A. Haber, Esq. exists as a result of watching any of our VideoFAQs. Any and all information which is both contained in and may be construed from our VideoFAQ is meant to be generic in nature, should only be considered as academic and is not intended to be construed as legal advise to any specific individual for any specific case. Should you wish to seek actual legal advise then please feel free to contact #HaberPA directly.
Should you, a friend, a loved one or even someone that you {don't particularly like but happen to} know be in a jam with the criminal justice system then you can rest assured that either retaining or recommending #HaberPA will not only reflect well on you but will provide the client with unwavering, relentless and honest advocacy.
Established in 1991 and with no history whatsoever of any form of professional discipline, #HaberPA is readily available to have open, honest dialogue with potential clients and to quote and honor reasonable fees after identifying a realistic litigation objective. We're proud of our unblemished and time proven record of both having our client's "6:00", 24-7-365, 360° and of providing boutique, creative, effective, unwavering and zealous #CriminalDefense, #CriminalLaw, #CriminalProcedure, #ConstitutionalLaw, #Evidence, #DUI, #BUI, #DomesticViolence, #Probation, #Crime #VictimRights and #Seal & #Expunge representation to it's clientele, primarily in South Florida, on matters ranging from DUI to #DrugTrafficking and from #Misdemeanors to #Murder.
At #HaberPA "it's all about #ReasonableDoubt"!
YT: www.youtube.com/c/MichaelHaberLaw
FB: www.facebook.com/Miami.Criminal.Lawyer
X: www.twitter.com/Sharky910
WWW: www.criminallaw.miami
E-Mail: Sharky910@aol.com
Cell: 305-798-2220
Office: 305-381-8686
Toll Free: 1-888-SHARK-8-1
https://www.youtube.com/c/michaelhaberlaw / @Sharky910 /
No comments:
Post a Comment