Breaking the Fourth Amendment
Breaking the Fourth Amendment Joyce Vance Jan 23 Last night , we learned from a report in the Associated Press that ICE, contrary to longstanding Fourth Amendment jurisprudence, is taking the position that it can enter people’s homes without a judicial warrant. Instead, they believe that an administrative warrant suffices. An administrative warrant is a form signed by an “authorized immigration official,” which means an executive branch employee who can be fired if they displease the president. It’s not difficult to see the problem here. The Fourth Amendment provides that: “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.” It’s the reason your home can’t be searched by the police without a search wa...