from the Bill-of-Suggestions,-apparently dept

The Fourth Amendment somehow still survives, despite the government’s best efforts to dismantle it… or at the very least, ignore it.

Law enforcement agencies seemingly have never met a warrant they didn’t like. They’ll do everything they can to avoid getting one, even though the process appears to be little more than [INSERT PROBABLE CAUSE] [OBTAIN WARRANT].

New Jersey was one of the last states to pay lip service to the warrant requirement for vehicle searches, but recently overturned that because it seemed to be too much of an inconvenience for officers (and drivers [but really just officers]). The court noted that the telephonic warrant system no one had bothered using didn’t seem to be working very well, and so the warrant requirement had to go.

Everywhere else, there’s any number of ways law enforcement officers can avoid seeking warrants. Exigent circumstances, bumbling ineptitude/warrant-dodging d/b/a “good faith,” the Third Party Doctrine, coming anywhere near a national border, dogs that always smell drugs, the superhuman crime-sensing skills of patrolmen, etc.

Even when an incident lends itself to the successful acquisition of a warrant, law enforcement still seeks ways to avoid taking this step. Here are two such incidents — both called out by judges — in which warrants could have been easily obtained, but simply weren’t….

….follow this link to read more.

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