• Institute for Justice Fourth Amendment Mendenhall v. City and County of Denver

    From Adam H. Kerman@ahk@chinet.com to rec.arts.tv on Sat May 23 02:27:40 2026
    From Newsgroup: rec.arts.tv

    Steve Lehto highlights Institute for Justice case trying to restore
    textual language of the Fourth Amendment that a judge must use to
    consider an application for a search warrant. They are representing a
    number of plaintiffs whose property wad subject to wrongful raids or who themselves were detained by police. Since 1960, when the Supreme Court
    decision in Jones v. US allowed the use of evidence obtained in searches
    based on warrants with hearsay evidence, the plain meaning of the text
    of the Fourth Amendment no longer applied.


    Arrests and Other Detentions

    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.

    If the warrant relies upon hearsay evidence, then there is no support
    "by Oath or affirmation", which in the original meaning meant a witness
    swore the oath. In the revised interpretation, a police office swears
    that a third party was the witness. The police officer hasn't sworn
    falsely because he's merely repeating what he was told.

    I had to figure out which case it was because I never heard Lehto name
    it. I assume it's a consolidated case but I am not sure.

    As the issue doesn't affect corporations nor partisan politics, perhaps
    the Roberts court will give an opinion in the interest of justice.

    https://www.youtube.com/watch?v=KPMHBzmmwsg https://ij.org/case/mendenhall-v-city-of-denver/
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