PLEASE WATCH #HABERPA'S VIDEOFAQ # 379) "Are there any exceptions to the “Warrant Requirement”? @ https://youtu.be/maOx8fTrCwA
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 # 378) "Are there different types of Warrants?" 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 # 379 explains the various exceptions to the Warrant Requirement. It's the fourth in a quintet (a "quintet" is a grouping of 5) of VideoFAQs that tackle The 4th and goes like this:
"Thanks for asking me “Are there any exceptions to the “Warrant Requirement”?
Yes. There are plenty of them. The 4th Amendment itself delineates 3 absolute requirements for any warrant to be valid: 1) Specificity - or “particularity”, 2) Probable Cause - or the mandatory presentation of sworn facts establishing the legal basis for the warrant that’s being sought; and 3) An impartial check valve - or that an unbiased Judge or Magistrate make the call.
That said we’ve gotta remember that the 4th became law in the late 18th century, since then time has ticked, our County has expanded, our population has exploded, the 18th century turned into the 19th and technological advancements such as the telegraph (in 1836), the telephone (in 1876), the camera (in 1888) and the automobile (1895) were game changers. As the 19th, century turned into the 20th we continued to blossom, be it geographically, in terms of population and also with more rapid advancements in terms of technology. More people, more goods and more access, coupled with more impressive inventions - such as the airplane (1903) and the silicon chip (1961) - saw corresponding innovation in criminality, resulting in a need for more law enforcement and more courts.
From a strictly mathematical point of view, in the past 230+ years the number of laws, people and crimes have dramatically risen, and so too have the number of searches and seizures. It’d be impossible for the cops to seek a warrant each and every time they want to detain someone (for example whenever they conduct a routine traffic stop) or to effectuate avery arrest, or when they want to do a “protective sweep”(like a Terry stop / “limited pat-down”), much less a full blown search. So, as our County has grown our Courts have “interpreted” our Constitution to fit the times, and a nice chunk that interpretation has been to “carve out” a variety of exceptions to the 4th Amendment’s warrant requirement.
I’ll rattle off the SCOTUS-recognized “biggies” in alphabetical order): Borders, Consent, Exigent Circumstances, Foreign Intelligence Surveillance, Found / Abandoned Property, Incident to Arrest, Inventory, Inevitable Discovery, Motor Vehicles, Officer Safety Plain View, Prisons and Schools. Where the facts and circumstances of a given case fall into one of these carved-out exceptions (or where they constitute a new exception) no warrant will be required."
- 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 # 379) "Are there any exceptions to the “Warrant Requirement”?", which you can watch at the following URL: https://youtu.be/maOx8fTrCwA
- 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 # 379, 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"!
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