Have not been able to find any details on what has been doing on here.Police staying quiet about massive search underway near Muncie | WANE
"Once you start on a search you never know where it will go," said Stewart. He added that his department has "one chance to do this search so that is what we are going to use."
Article [IV] (Amendment 4 - Search and Seizure)
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.
You are reading WAY too much into that statement.I am left with a question starting with a quote from the article:
This would seem to raise some questions with the following text:
It would seem that the first quote is an admission to finding something adequate to secure warrants as an instrument of permission for a fishing expedition, which would appear to stand at odds with the Fourth Amendment.
You are reading WAY too much into that statement.
OK, even if what appears at face value isn't what was intended, I am more interested in the bigger issue: Where should the line be drawn when properly applying the Fourth, and where in practice does it fall, assuming that the two are not the same?
Search warrants are a box of chocolates. Often with roaches. Sometimes with urine. Often with weed.
I've executed plenty of warrants having NO idea what the inside of the building looked like. That's actually the norm for me. So "particularly describing" is something like "2 story single family dwelling, red brick exterior wall, gray shingles, screened in porch on the north side with the numbers '123' attached to a wooden post by the screen door." It is not "in the funny smelling basement between the rafters" or "under that pile of diapers in the corner of the kitchen". I've sometimes found other items other then what I was looking for. If I'm searching for a firearm, mask, pills, and robbery note I can search anywhere those items will fit. If I find marijuana, a corpse, or a stolen motorcyle in the process, I'm not required to ignore those items just because they weren't on the warrant.
That's pretty much what I thought. On one hand, ignoring the MJ, corpse, or motorcycle may not necessarily be a desirable course of action, given such shenanigans as using the honorable word of 'confidential informants' (i.e., hoodlums looking for someone on whom to roll over to save their own sorry hides), I also see a danger of this taking us closer than one might like to the writ of assistance, so far as the potential to morph from searching for something in particular to a treasure hunt is concerned.
No, I certainly didn't expect a level of 'particular' in terms of prying up the third board in the hardwood floor with a knot in it.
In theory, practice and theory are the same. In practice, they are not.OK, even if what appears at face value isn't what was intended, I am more interested in the bigger issue: Where should the line be drawn when properly applying the Fourth, and where in practice does it fall, assuming that the two are not the same?
In theory, practice and theory are the same. In practice, they are not.