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Path: news.eternal-september.org!eternal-september.org!.POSTED!not-for-mail From: moviePig <nobody@nowhere.com> Newsgroups: rec.arts.tv Subject: Re: Obtaining a warrant without a sworn statement despite the Constitution Date: Tue, 17 Jun 2025 15:09:32 -0400 Organization: A noiseless patient Spider Lines: 37 Message-ID: <102sehb$2ihec$1@dont-email.me> References: <102s6mm$2gk0g$1@dont-email.me> Reply-To: nobody@nowhere.com MIME-Version: 1.0 Content-Type: text/plain; charset=UTF-8; format=flowed Content-Transfer-Encoding: 7bit Injection-Date: Tue, 17 Jun 2025 21:09:32 +0200 (CEST) Injection-Info: dont-email.me; posting-host="cc27aaa7e23caa4f6730861d189a242f"; logging-data="2704844"; mail-complaints-to="abuse@eternal-september.org"; posting-account="U2FsdGVkX18JcUHpUXohkbuG5HBzLZvRdhzf3wgw8hE=" User-Agent: Mozilla Thunderbird Cancel-Lock: sha1:sj5TB1Tk8SDITd19mmriPwUp2+Q= Content-Language: en-US In-Reply-To: <102s6mm$2gk0g$1@dont-email.me> 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?