Oath or Affirmation. (And Treason.) | Season 4, Ep. 3
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On this episode, we recover a lost part of the Fourth Amendment that the Supreme Court essentially erased in 1960. In the case of Jones v. United States, the Court ignored text, history, and tradition, and disfigured the Warrant Clause, allowing law enforcement to knock down doors based on mere hearsay and with scant consequences for lying or mistakes. Jones was wrong the day it was decided, and the Court should overturn it.
Click here for transcript.
Jones v. United States (1960)
Guests
Laurent Sacharoff, Hofstra Law
Resources
Laurent Sacharoff, The Broken Fourth Amendment Oath
Miguel F.P. de Figueiredo, Brett Hashimoto & Dane Thorley, Unwarranted Warrants? An Empirical Analysis of Judicial Review in Search and Seizure
Paul Finkelman, The Tragedy of Felix Frankfurter
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