From the Korea that don’t need no stinking warrants as long as you’re guilty and from the state where even your car was your castle before the SCOTUS said so, this is MēMē Call. In this episode, Paul and Wayne dissect the 3rd and 4th Amendments.
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If you enjoyed this episode, you may also like MMC009: The First Amendment is Dead; Long Live the First Amendment and MMC016: The Second Amendment…A Well-Aggravated Militia.
The 3rd and 4th Amendments (06:06)
Amendment III: No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
Amendment IV: 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 4th amendment is what is supposed to protect us from the police planting evidence of a crime in someone’s house or on their person.
The 4th amendment is also responsible for protecting us from arbitrary arrests, such as stop-and-frisk laws, safety inspections, and wiretaps.
Over several decades of court decisions, there are so many exceptions to the rule, that the 4th is pretty much meaningless in many real-world cases.
In May, the SCOTUS, in a 5-3 decision in the case of Utah v. Strief, decided that evidence found after illegal stops is admissible.
The only caveat is that the officers confirm that the defendant has outstanding warrants prior to conducting a search.
To recap the bill of rights up to this point, our founders wanted us to have the rights to:
- Believe in something different than the government, and the freedom to express those beliefs
- Form a militia to defend our free states
- Prevent that militia from staying in our private homes
- Tell The Man to fuck off if he doesn’t have probable cause
Wayne delivers the news to Paul through Country songs.
Farewell & Gratitude
We want to thank Xavier Lee and Mark Calvin for quartering us in their homes in defiance of their wives’ bill of marriage rights, and we also want to thank Aidan Clancy, who’s welcome to search my home any time without a warrant…so that maybe he can find some talent. We would be remiss if we didn’t thank our patrons, and last but not least, we absolutely have to thank the Blue Tits.
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