Move on to the next step of the Fourth Amendment inquiry: whether a search or seizure is constitutionally valid, beginning with an introduction to warrants and the requirement that a valid warrant be issued by a neutral and detached magistrate based on probable cause.
Welcome to part one of our discussion on warrants.
In the last three clips, we surveyed the basic requirement that must be met in order for the Fourth Amendment to apply: “government action” constituting a “search” or a “seizure.” With this clip, we’ll begin discussing the rules for determining whether or not the “search” or “seizure” at issue is proper under the Fourth Amendment.
I. What is a “warrant”?
What is a “warrant”? Well, “[a] warrant is a judicial authorization for police action.”...