4th Amendment - Michael Badnarik Bill of Rights Class

[DavidForthoffer]

If the police get a warrant to search your house by swearing about particular evidence that indicates probable cause that you have contraband in your home, and search your home and do not find contraband, the government has NOT necessarily violated your rights. It all depends on whether the evidence DID provide probable cause of criminal involvement.

[DavidForthoffer]

Although he is precisely correct when he says "unreasonable" is the key word, he is wrong when he says they have to have probable cause. If a search is reasonable, they do not NEED probable cause, or a warrant, or consent.

[DavidForthoffer]

He uses deceitful logic when he claims that your person is your property, your house is your property, your papers are your property, your effects are your property together means that all your property is protected by the 4th Amendment.

That's like saying A is in set X, B is in set X, C is in set X, and D is in set X, so E is in set X, too.

Duh! Not!

[deathofisrael]

u.s. people are serfs . If you dont treat your kid how the government wants when sick , what happens , they take little johhn, why , cause little johnny aint yours !

[thehappyredneck]

I agree with him 1000% The Patriot Act is Unconstitutional

[DavidForthoffer]

If they search your house based on a warrant, and they do not find what they were looking for, your rights were not necessarily violated. They only need "probable cause", not "certainty".

Several parts of the Patriot Act have been ruled unconstitutional. The 4th Amendment is still alive!

[DavidForthoffer]

I dispute Michael Badnarik's claim that a "person" is "property".

He is also wrong about the definition of "reasonable". Government agents do NOT need "probable cause" to conduct a search. "The touchstone of the Fourth Amendment is reasonableness" United States v. Knights (2001)

Also, the oath or affirmation for a warrant need not be made by a government agent. Even anonymous tips can provide sufficient affirmation, if confirmed to enough extent by independent investigation.

[HRTOACTIVIST]

Hmmm I hate the system...

[ThisIsTheRealSkinny]

He's actually wrong. The government hasn't violated your rights if there was probable cause and a warrant. He's also exaggerating a bit. There's a knock and announce requirement. The police won't just kick down your door. Unless there's a reason for them to suspect they'll be putting themselves in danger, they should give you the opportunity to open the door.

[dpchrist26]

articlesoffreedomDOTus

[Sharky8186]

Atleast there ppl out there fighting for out rights. Wish i knew what i could do to help.

[outpostflags]

the do what they please your freedom is a lie and an illusion reserved for the rich

[sweetelesue]

Your 4th amendment rights are infringed every time you go thru security at an airport. THINK ABOUT IT.

[wissker202]

@sweetelesue once u give them permission  u gave up your 4th amendment right

[HRTOACTIVIST]

@sweetelesue Your right, when you think about it. Sad, eh.

[woohog1]

@sweetelesue no its not because you VOLUNTARLY CHOOSE TO FLY. You have the right to use some other means of travel, so its not infringement if you have a choice.

[darkblood626]

@sweetelesue

by entering the airport you consent to a search.

/watch?v=BBICaJspXw0&feature=c­hannel_video_title

[DavidForthoffer]

@darkblood626: You do not consent to a search by simply entering the airport.

The process of BOARDING an airplane is subject to TSA searches, which you can decline by not boarding.

The process of boarding or leaving an INTERNATIONAL flight means the U.S. Customs & Border Patrol are allowed to search you without your consent, and you cannot decline the search.

But aside from those two kinds of searches, you have full Fourth Amendment protections.

[darkblood626]

@DavidForthoffer

whoops My bad I made a mistake in articulation, it was supposed to be

By entering the airport security area you consent to the search.

[galathonredd]

@darkblood626 No you don't. Look up Phillip Mocek v. New Mexico TSA, or John Tyner, for just a few of the names of people who've faced the TSA in court over these BS practices and won.

The TSA does not overrule the Fourth Amendment. You have a right not to be searched. You might not get on your plane... but you don't have to be searched.

[darkblood626]

@sweetelesue No because by entering the airport you consent to a search.

check out flex your rights.

[LADjsim]

@sweetelesue well hajji kinda ruined that for everybody...

[PiercingKnight]

In a famous 4th Amend. case Katz vs. U.S. 1967 the court changed the way it looks at the 4th Amend forever. The main principle of the 4th Amend became privacy. This way it allows more freedom and protection for the individual from unreasonable searches by the government. Katz vs. U.S. protects individuals from things like new technology. Before it was that if a person wasn't on his property he did not have any 4th rights but now even while in public person has protection if he expects privacy.

[kroovyandcal]

what of an apartment? is this my property?

[PiercingKnight]

no it's your moms property

[SuperAtheist]

if there are no drugs, they'll just plant some.

[thom87ass]

"Officer Smith!" lol

[atlcowboy2536]

This guy is so great. He has many other vids that I highly suggest you watch.

[Magicguy15]

We need to spired thees videos out to other people.

[michellesfchick]

doing about what ? be more specific, please. I asked many question.

[michellesfchick]

What do you mean by " persons " ?

Do you refer to your personal body ?

When cops beat people up, like Rodney king. What amendment violation is that ?

How does it work at an airport ? I arrived back after week in amsterdam. Heading towards immigration, a cop told me to drop my backpack, and let a dirty dog smell my backpack. What the heck ? Is that allowed ? And she searched my bags because the dog smelled something. nothing illegal was in it.

[Seiku]

So when are we going to do something about it?

[PiercingKnight]

The main principle of 4th Amd. is privacy. When you go through international border you generally do not have a 4th Amd. protection. I'm sure there is specific guidlines about when it is ok to search people as they go through checks, but i do not know them. However, you have no 4th Amen. protection as you cross international border.

[michellesfchick]

Thank you for the explanation

[gilbygil11]

@PiercingKnight

privacy is not mentioned in the fourth amendment. The fact that the SC considered it "implied" under such cases as Roe v. Wade and other privacy decisions is based not upon the language of the constitution, but judicial interpretation. the main principle of the fourth amendment is the language itself. persons, papers, houses and effects, that is all the fourth amendment covers