Come Back with a Warrant – 4th Amendment Protections in the Home – FIS Live No. 23 – Everything Law and Order Blog

The Civil Rights Lawyer discusses Fourth Amendment constitutional law protections applicable to the home. A man’s home is his castle – even if it doesn’t actually look like Castle Grey Skull. The laws are much stronger inside the home, than when you’re in public, or in a vehicle. Bring your questions, interesting issues, experiences, and join us live on Thursday evening at 5:30 p.m. (Eastern) on Youtube and Facebook Live.

Also can be viewed at: thecivilrightslawyer.com

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By elboriyorker

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40 thoughts on “Come Back with a Warrant – 4th Amendment Protections in the Home – FIS Live No. 23”
  1. No knock warrants are another reason that all laws against the second amendment are Unconstitutional, because police being able to look up your concealed carry permit in order to justify the no knock demonstrates how wrong all this government overreach actually is. So because my 2A is infringed thus forcing me to obtain a CCW in the first place my safety level should be reduced when it comes to government L.E.??? Ridiculous and discriminatory!

  2. Love listening to your program. I can't afford to donate to you, l'm fix income. Please keep on with your exposure of government over reach

  3. Excellent video!
    Except for your support of Trump and the despicable trash humans he felt at home among.
    No, you are incorrect.
    What you spoke is reversed:
    Many issues – like abortion – WOULD win at the ballot box.
    For that issue, it was definitely the RIGHT that legislated from the bench.
    It is VERY clear that the Supreme Court IS now right leaning and legislates so.
    Trump's Supreme Court selectees swore that "Roe V Wade" was the law of the land and they would NOT oppose it.
    Then having lied to become Justices they proceeded to do exactly that.
    If voted on, Kristallnacht would NOT have been approved by 1938 either, but Nazis were in power at that sad moment.

  4. Love the channel. It is great to see these situations broken down from a legal/civil rights perspective.

    I have a question that has often crossed my mind when seeing situations where Officers, without a warrant or exigent circumstances, knock on a door and are repeatedly asked to leave the property, either after a short consentual encounter, or a through the door refusal, but do not leave. If the repeated refusals are filmed, would it be possible for the homeowner to use the video to get a formal trespass on the offending officers at some point. I doubt that any PD would proceed with such an action against one of their own, at the time, but could it be done as a kind of symbolic gesture later somehow. It really galls me when I see a homeowner who isn't suspected of a crime and there is no RAS, have to spend minutes or hours to get Police to leave or take their foot out of the persons doorway, when they have no legal cause to be there. Just curious. It would be kind of interesting to see a trespassed Officer re-appear on a property and be charged with trespassing, or have to refuse a call to that address and explain to dispatch why..

  5. Proper warrant = A) Is served by the sheriffs department only. B) Comes from a court with Judicial Authority. C) Verified Affidavit (complaint/claim) (separate from warrant) is with the warrant. D) The warrant needs to be hand signed by a judge with judicial authority and a proper courts seal of that court is pressed upon the warrant, and lastly that courts Head Clerks hand signature is also on the warrant. = Valid warrant! "NO" rubber stamping of signatures or seal. "NO" Administrative courts can create a warrant, they do not have "Judicial Authority"……….

  6. As a former cop there were so many questions i wanted to answer. Maybe sometime in the future you could get a current officer to help you answer questions. ( I left force in 1995 so I am not up to date) My wifes brother is a cop in Logan county. That county plays by their own rules for sure.

  7. According to the Patriot Act, they can barge into your home without a warrant if they believe you are a terrorist. They define a terrorist is anyone that is that uses violence or of the threat of violence in the pursuit of political, religious , ideological or social objectives. Acts committed by non-state actors (or by undercover personnel serving on the behalf of their respective governments.) Now believe me they have gone into people's home just because they believed a person committed a terrorist act. They also have killed people by mistake going into the wrong home.

  8. Question. Warrantless arrest, with no consent, in home/temple, case lasted 2 yrs 10 months, then STATE dropped case hours before trial. I was forced thru jail, mental hospital and over 33 court dates. I served counter claim and crime I complaint all with affidavits. What can I do at this point.

  9. Police are called to a home by suicide hotline operator. Is police required to respond if there is no crime being committed and the only harm is to oneself? Is their role only to assist EMS

  10. Why are tattoos taboo in "this day and age"? I mean, I can understand that not everyone wants to look like an MS-13 fan club member, but my super nerdy son, and my corn-cob UTB little sister both have tattoos…my son's is on his hand (a star w/dancing leprechaun-is figures, long story); my lil-sis's tattoo is some Indian (country) flower thang that covers her entire chest, like 14inches in diameter. Neither one has ever thought about KNOWINGLY breaking the law.

  11. I wish you clarified between "warrant" and ARREST-warrant vs SEARCH-warrents because they are NOT the same when it comes to the 4th amendment.

    And you don't believe me; then look at the f'd up statutes in Texas for arrest warrants…as it stands on the books; cops can bust down the front door and 'pew-pew' the yappy chiwawaa of federal judge…as long as they claim the belief that they were looking for someone who failed to appear in court for a nonviolent petty crime. Don't believe? Look it up, section 15.02-

  12. Hi man, I just want to say I really enjoy your videos, especially the ones about qualified immunity, as there are a lot of public misconceptions about the topic and you certainly educated me about it. I had one question for you:

    When a police officer is sued as an individual for civil damages, are they on-the-clock with their employer, as they would be for other court appearances? If not, how much in your opinion does the officer have to invest in terms of personal time on such a case? I understand that it obviously varies depending on the complexity of the case, but is it the sort of thing they have to show up for frequently, or do the lawyers sort a lot of stuff out? I guess I'm asking broadly, is the amount of time an officer has to invest in such a case punitive in the way it would be for a normal citizen dealing with legal proceedings, or do they have certain privileges due to the nature of the lawsuit and their profession?

  13. What a joy to hear your reasoned and reasonable teachings. They are particularly useful listening while doing otherwise tedious and and time-killing chores such as raking the endless leaves of fall, washing cars and the like. Hurray for that, and I thank you.

  14. 🤓Thank You👍 Another Good installment .
    I appreciate your Suit against Gov Jim Justice here in WV .
    Noted question what is to be done about the Sustainable development Planning Committee's in albeit every US County to include Greenbrier, Summers, Monroe etc ?
    In Summers in writing they tried to
    Extort the County Commission to grant them the authority for code enforcement; in the planning Committee's paperwork they state they seek to enter Peoples home w out a warrant for Code enforcement & fines inside the home and without Consent of Landowners .
    (If the County Commission votes No on this they in writing intended to block the County from issuing Bldg permits ; under what authority ?)
    Zeigler & Zeigler is the responsible representation for the planning committee .
    The UN documents are being provided by Paid Rep Rick Moorefield ex officio of Morgantown University w support of Legislature & esp Joe Manchin .
    Noteworthy is w onset of Covid these as I refer to them Volunteer Communist Oppressors they closed their meetings etc to the public .
    Raleigh County Code enforcement is Now up & running out of a Newly completed Bldg on the Rte 19 City Bypass .
    I wish to halt these Knowingly Wrongful Acts in their tracks ;
    Yet I don't know how & to date I pretty much attend the County Commission meetings alone save Anna Zeigler being present ; after I brought this up Zeigler appointed a Young new Attorney to Rep for the Planning Committee as I feel in
    An Unlawful attempt to Indemnify from harm for Knowingly Wrongful Acts 😣🤕
    They offer No real help to home owners yet seek to intrude on property rights & are set up to be self funding through Fines , Penalties and Property confiscation which Targets the Poorest the most & the disabled on Low fixed incomes .
    Understand I have read all I could get my hands on from them and UN Agenda 2030 and it is Not good .
    Some courts across US have already Ruled them Unconstitutional.
    As you may already know Summers County was formed Unconstitutionally in Size & As an Unconstitutional Act then Incorporated for Profit against Census of Landowners equating to
    Not by Consent of the To be Governed .
    My Town name of Wheeler town removed & replaced w Sandstone
    My Lands & 1872 1 room schoolhouse/home still ought to be part of Greenbrier County .
    How many Knowingly Wrongful & Unconstitutional Acts Must We endure ?
    Btw the Incorporation was an Order to Jefferson by Hamilton ;
    Under duress Jefferson Unlawfully did So .
    Then the Lie of Consent was Spread Nationwide .
    This was the Main/Very thing the Revolutionary War was fought over.
    I bought my Lands at age 10
    & I do not support the manufacturing of Consent nor
    Communistic Oppressors .
    We do need more Liberty
    To help reverse where things have gone sideways .
    I say Make the Constitution Legal Again .
    #StayPeacefulStayLawful
    #BreachOfOathIsaCrimeUseIt
    #VetsFarmersAgainstFascism
    Keep up the Excellent Works
    Fellow Patriot
    I feel some of the above Violated a Few rights starting w 4th .
    To be Safe I will say The above statements are my thoughts & Feelings on these matters
    And Process needs used , perhaps Peoples Votes and Good Legal Representation like yourself .
    #ITNJ.ORG member

  15. If a governor can't constitutionally mandate mask wearing can a city government… but here is the catch, the city i live in is on an Indian reservation. I am not sure if the mask mandate is reservation wide. I can find out if someone can answer my question and that info is relevant.

  16. That's my favorite thing to say to cops on my front stoop….. "Fuck OFF! Come back with a warrant!"…. In half a dozen instances I've never had one come back.

    Actually had one cop yell "We'll come back with a warrant and kick the door in!"
    I shouted back "If you have a warrant you won't have to kick the door in, I'll let you in… until then… FUCK OFF!"

    LAPD was always trying to bust in on my porn shoots in private residences…. some nosey neighbor reporting a made up nuisance because I had one too many cars in my driveway.

  17. I have a question regards cell/mobile phones (I am in the UK) the scenario is you've been arrested and taken to the cop shop. Your cell/mobile phone is confiscated and the police ask you to unlock said phone. What are your rights here? I have been informed that a: you should unlock and b: you shouldn't unlock. you have a right to remain silent. all evidence will be used against you etc etc.

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