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Unidentified Speaker, -
KERR.
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| 00:00:04 |
Echevarria, Pedro - Host
THE SUPREME COURT HEARD A CASE CONCERNING SEARCH WARRANTS. CAN YOU GIVE US THE SET UP? GUEST: YES, THIS IS A CASE COMING FROM KENTUCKY. IT IS ABOUT A...
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| 00:00:18 |
Kerr, Orin S. - Professor
THE POLICE WERE ALLOWED TO ENTER THE APARTMENT WITHOUT A SEARCH WARRANT. A SEARCH WARRANT IS A COURT ORDER THAT A JUDGE APPROVES THAT SAYS YOU ARE ALLOWED...
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| 00:00:59 |
Unidentified Speaker, -
THEY DID NOT KNOW WHICH APARTMENT. WHAT HAPPENS AFTER THAT? GUEST: THE POLICE APPROACH ONE OF THE APARTMENTS AND A SMELL THE ODOR OF MARIJUANA COMING...
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| 00:01:11 |
Kerr, Orin S. - Professor
AN UNDERCOVER SPIY REPORT CRACK COCAINE IN. IT TURNS OUT THEY PICKED THE WRONG APARTMENT. THE APARTMENT WHERE THE ODOR OF MARIJUANA WAS COMING FROM WAS...
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| 00:02:47 |
Echevarria, Pedro - Host
TO WHAT THE TEST SHOULD BE FOR POLICE-CREATED EXIGENT
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| 00:02:52 |
Kerr, Orin S. - Professor
CIRCUMSTANCES. IF THE FOURTH AMENDMENT REQUIRES THE POLICE TO STOP AND GET A WARRANT EVEN IF THEY HAVE REASON TO BELIEVE THERE IS EVIDENCE IN MY HOME....
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| 00:03:46 |
Echevarria, Pedro - Host
THIS IS ONE OF THE ORIGINAL ASPECTS OF THE BILL OF RIGHTS AND THE CONSTITUTION.
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| 00:03:52 |
Kerr, Orin S. - Professor
HOST: THE KEY WORD IS UNREASONABLE? GUEST: YES, THE ORAL ARGUMENTS LAST WEEK, THE JUSTICES
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| 00:04:00 |
Echevarria, Pedro - Host
WERE TRYING TO FIGURE OUT WHAT DOES UNREASONABLE MEAN IN THE SPECIFIC
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| 00:04:04 |
Kerr, Orin S. - Professor
SETTING OF THE POLICE KNOWING THERE IS EVIDENCE INSIDE AN APARTMENT AND HEARING THIS NOISE. IS IT REASONABLE FOR THEM TO ENTER OR IS IT ONLY REASONABLE...
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| 00:04:31 |
Echevarria, Pedro - Host
A QUESTION, HERE IS YOUR CHANCE TO FIND OUT MORE. JUSTICE SCALIA SAID THIS IS A SIMPLE MATTER BECAUSE IN THE CASE WHERE THE POLICE WENT TO THE WRONG DOOR,...
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| 00:05:10 |
Kerr, Orin S. - Professor
BANG ON YOUR DOOR, WHAT IS A RESPONSE AN INNOCENT PERSON MIGHT HAVE? THE LAWYER SAID THAT COULD INCLUDE NOT DOING ANYTHING. THEY MIGHT NOT OPEN THE DOOR....
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| 00:06:43 |
Echevarria, Pedro - Host
GUEST . NUANCE. GUEST: SOME HAVE SAID WHAT YOU FOCUS ON WHETHER THE REACTION TO THE POLICE KNOCKING IS FORESEEABLE. OTHERS
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| 00:06:57 |
Kerr, Orin S. - Professor
HAVE FOCUSED ON WHETHER THE POLICE CONDUCT WAS LEGAL. THERE ARE LOTS OF DIFFERENT TESTS. WHAT MADE IT MORE DIFFICULT IS UNDER ANY OF THESE DIFFERENT ...
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| 00:07:20 |
Echevarria, Pedro - Host
REPUBLICAN LINE, YOU ARE OF FIRST. CALLER: THANK YOU. THIS IS A HOT-BUTTON ISSUE WITH ME. IT HAS BEEN
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| 00:07:30 |
CALLER, -
A FEW YEARS BACK. IT WAS A MOONLESS NIGHT AT 3:00 IN THE MORNING AND I GOT PULLED OVER BY A POLICE OFFICER BECAUSE HE COULD NOT TELL BY WAS WEARING A...
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| 00:08:27 |
Kerr, Orin S. - Professor
AT A HOME WHICH IS DIFFERENT THAN THE SITUATION OF AN AUTOMOBILE STOCKS WERE GENERALLY NO WARRANT IS REQUIRED. THE CALLER IS ABSOLUTELY RIGHT, THE POLICE...
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| 00:09:49 |
Echevarria, Pedro - Host
CITIZENS ARE NOT REQUIRED TO TALK TO THE POLICE. I WAS SURPRISED AT THE ORAL ARGUMENT
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| 00:09:56 |
Kerr, Orin S. - Professor
THE DEFENSE ATTORNEY SAID THAT IF YOU DON'T WANT TO ENTER THE DOOR WHEN THE POLICE NOT, YOU DON'T HAVE TO ANSWER THE DOOR. JUSTICE SCALIA RESPONDED...
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| 00:11:02 |
Echevarria, Pedro - Host
CONSTITUTIONAL STANDARD. YOU CAN THINK OF THAT AS A REASONABLE LIKELIHOOD, A GOOD CHANCE
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| 00:11:07 |
Kerr, Orin S. - Professor
THE EVIDENCE WILL BE LOCATED THERE. WHEN THE CONSTITUTION REQUIRES PROBABLE CAUSE, STUDIES HAVE SHOWN MAYBE A 60% CHANCE THAT THE EVIDENCE IS LIKELY TO...
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| 00:12:05 |
Echevarria, Pedro - Host
AN OVERWHELMING POLICE FORCE IN SOME PLACES. THERE IS A MIXTURE FROM URBAN
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| 00:12:10 |
CALLER, -
TO RURAL AND I HAVE LOOKED EVERYWHERE. EVERYWHERE I GO, IT SEEMS LIKE THERE IS AN AIR OF POWER WITH POLICE OFFICERS. THERE WAS ONE RURAL COUNTY WHERE...
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| 00:12:56 |
Kerr, Orin S. - Professor
RULES WILL APPLY IN RADICALLY DIFFERENT COMMUNITIES. THERE RURAL COMMUNITY AND URBAN COMMUNITY, A HIGH CRIME OR LOW CRIME NEIGHBORHOOD AND THIS IS A...
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| 00:14:09 |
Kerr, Orin S. - Professor
DO ANYTHING LAW FLAT THE DOOR, THEY CAN NOT THEN SAY THEY ARE ABOUT TO COME IN AND LISTEN. THEY MIGHT NOT HAVE ANY PARTICULAR REASON TO THINK THERE ARE...
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| 00:15:15 |
Echevarria, Pedro - Host
DID YOU GET FROM THEM? GUEST: THE JUSTICES WERE PRETTY SKEPTICAL OF THE DEFENSE ATTORNEYS CASE. THEY SEEMED TO BE INCLINED TO RULE IN FAVOR OF THE
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| 00:15:25 |
Kerr, Orin S. - Professor
COMMONWEALTH OF KENTUCKY IT WAS ON A PRETTY NARROW GROUND. MY GUESS IS THAT THEY WILL SEND THIS CASE BACK TO THE KENTUCKY COURT SAYING THAT THEY HAVE...
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| 00:17:07 |
Echevarria, Pedro - Host
I HAVE A QUICK COMMENT AND THEN
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| 00:17:10 |
CALLER, -
A QUESTION. I LIVE IN NEW YORK FED SEEMS THERE ARE TWO TYPES OF JUSTICE SYSTEMS IN NEW YORK. IN THE CITY AND THE STATE OF NEW YORK, IF YOU ARE A BLACK...
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| 00:18:25 |
Echevarria, Pedro - Host
DO NOT CREATE AN EMERGENCY? GUEST: THE
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| 00:18:30 |
Kerr, Orin S. - Professor
PROBLEMS OF RACIAL BIAS IN THE CRIMINAL JUSTICE SYSTEM HAS BEEN A PROBLEM AS LONG AS THERE
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| 00:18:36 |
Kerr, Orin S. - Professor
HAS BEEN A CRIMINAL JUSTICE SYSTEM. THESE ARE ISSUES THAT ARE BEING DEALT WITH AND THE GOVERNMENT CONTINUES TO STRUGGLE WITH THAT THE STATE AND FEDERAL...
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| 00:20:30 |
Echevarria, Pedro - Host
REQUIREMENT. GUEST: IT IS RELATIVELY EASY FOR A POLICE UP AS TO JUSTIFY A STOP BASED ON REASONABLE
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| 00:20:38 |
Kerr, Orin S. - Professor
SUSPICION. THE PROBABLE CAUSE REQUIREMENT IS HIGHER. TO CONDUCT A SEARCH OF A NUMBER THE GOVERNMENT WILL NEED PROBABLE CAUSE IN MOST CIRCUMSTANCES. ...
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| 00:21:15 |
Echevarria, Pedro - Host
CASE, I AM WAITING TO SEE THE OUTCOME. I HAVE THE STATE
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| 00:21:22 |
CALLER, -
POLICE COME TO MY RESIDENTIAL FAMILY HOME. WE ALLOWED IT. THEY CAN I ASK THEM FOR A WARRANT THREE TIMES AND THEY SAID THEY DID NOT NEED ONE. I HAVE CHILDREN...
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| 00:22:16 |
Kerr, Orin S. - Professor
ONE OF THE DIFFICULTIES OF THE FOURTH AMENDMENT IS THAT IT IS QUITE TYPICAL DIFFICULT. IF AN INDIVIDUAL IN THE HOME WAS ON PROBATION, THAT COULD LEAD...
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| 00:23:16 |
Echevarria, Pedro - Host
THE FOURTH AMENDMENT. AS YOU ARE CALLING, YOU CAN CHECK OUR LINES. BEFORE WE GO TO THE CALLER, THE SECOND PART OR THE FINISHING PART OF THE FOURTH AMENDMENT...
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| 00:23:48 |
Kerr, Orin S. - Professor
THAT REFLEX REACTION TO THE ENGLISH PRACTICES AT THE TIME OF THE REVOLUTION OR THE ENGLISH KING WAS ALLOWING GENERAL WARRANTS. IT WAS BASICALLY A PIECE...
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| 00:24:39 |
CALLER, -
I AM WITH THE MIAMI DADE COUNTY COMMUNITY RELATIONS BOARD. WE HAD A MEETING OF ALL THE CHIEFS OF POLICE AND THEY ARE DIFFERENT IN THE DIFFERENT COMMUNITIES....
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| 00:26:07 |
Kerr, Orin S. - Professor
A SPECIFIC CASE. MAYBE WERE TALKING A LITTLE BIT ABOUT THE ROLE OF SEARCH WARRANTS AND WHY HAVE A REQUIREMENT OF GOING TO THE JUDGE BEFOREHAND. ONE REASON...
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| 00:27:41 |
Echevarria, Pedro - Host
THE SUPREME COURT AND APPELLATE COURT DECIDED LAST YEAR THAT THE SMALLER POT
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| 00:27:47 |
CALLER, -
EMANATING FROM A CAR WAS NOT PROBABLE CAUSE FOR THE POLICE OFFICER TO ACTUALLY ENTER THE CAR OR PURSUE OTHER -- TRY TO FIND OUT WHAT WAS IN THE CAR. I...
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| 00:28:45 |
Kerr, Orin S. - Professor
CONCLUDE THAT THE SMELL OF MARIJUANA COMING FROM A CAR MEANS THAT THE CAR CANNOT BE SEARCHED. THE SMELL OF MARIJUANA COMING FROM A CAR GENERALLY WOULD...
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| 00:30:19 |
Echevarria, Pedro - Host
SUGGEST THAT
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| 00:30:22 |
Kerr, Orin S. - Professor
THE EVIDENCE DESCRIBED IN THE WARRANT WAS RECOVERED IN SEARCHES WAS MAYBE 65% OF THE TIME. IT VARIES BASED ON THE JURISDICTION AND THE TYPE OF CASE....
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| 00:31:05 |
CALLER, -
GOING TO THE APARTMENT COMPLEX, THEY WENT INTO A BUILDING AND LOOKED AROUND AND THE MAN HAD A LOT OF STEREO EQUIPMENT AND WROTE DOWN THE NUMBERS AND THEY...
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| 00:32:04 |
Kerr, Orin S. - Professor
EVIDENCE ON RELATED TO WHAT THEY ARE EXPECTING AND THE INCRIMINATING NATURE IS APPARENT, THEY CAN SEIZE THE EVIDENCE THEY FIND AND BRING CHARGES BASED...
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| 00:33:33 |
CALLER, -
STREET AND SHOW NO PROBABLE CAUSE AND GET STOPPED AND I DON'T HAVE AN IDEA OR DRIVER'S LICENSE, CAN THEY DETAIN ME OR YOUR ESTIMATE? -- KEN BAY DETAINEE...
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| 00:34:16 |
Kerr, Orin S. - Professor
THAT AT LEAST -- POLICE ARE ENFORCING TRAFFIC LAWS, THEY CAN STOP A CAR IN ORDER TO ENFORCE TRAFFIC LAWS, MAY BE READY TICKET FOR THE TRAFFIC VIOLATION....
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| 00:36:11 |
Echevarria, Pedro - Host
IN CRESCENT CITY, CALIFORNIA. I HAVE HAD THESE ILLEGAL SEARCH AND SEIZURES PRESENTED TO ME.
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| 00:36:18 |
CALLER, -
THEY KNOCK AND THEY CAN COME IN YOUR HOUSE. I HAVE A DOORBELL ON MY HOUSE. IF I AM UPSTAIRS, YOU CANNOT HEAR SOMEONE KNOCKING ON THE DOOR. I HAVE HAD...
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| 00:37:17 |
Echevarria, Pedro - Host
OTHER PEOPLE OFTEN CAN HAVE TERRIBLE AND RIDING WHICH IS INCOMPREHENSIBLE. THERE CAN BE A SCRATCHED LINE THAT IS IN FACT A JUDGE'S SIGNATURE. THE REAL...
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| 00:38:30 |
Echevarria, Pedro - Host
IN NOVEMBER, TWO POLICE OFFICERS DRESSED AS APPLIANCE REPAIRMAN CAME TO MY DOOR TO ISSUE AN ARREST WARRANT.
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| 00:38:39 |
CALLER, -
I WAS ATTEMPTING TO COMPLY WITH THE ARREST WARRANT AND ONE OF THE OFFICERS PUSHED HIS WAY IN. HE SAID HE HAD THE RIGHT TO DO SO. WHEN I CONTACTED MY...
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| 00:39:16 |
Kerr, Orin S. - Professor
YORK, THE FOURTH AND REQUIRES POLICE TO OBTAIN A SEARCH -- TO OBTAIN A WARRANT TO ENFORCE AN ARREST. THE ARREST WARRANT ALLOWS THE GOVERNMENT TO ENTER...
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| 00:40:15 |
Echevarria, Pedro - Host
THE IMPLICATIONS ON THE OUTCOME? GUEST: IT WILL PROBABLY BE DECIDED BY THE END OF JUNE. THERE IS NO TIME LINE THAT THE JUSTICES HAVE TO FOLLOW.
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| 00:40:24 |
Kerr, Orin S. - Professor
BY TRADITION, THEY DECIDE ALL THE CASES BY ABOUT THE END OF JUNE EVERY YEAR. WE'LL KNOW IN A FEW MONTHS WHAT THE OUTCOME IS. IN TERMS OF THE IMPLICATIONS,...
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NOTE: The transcript for this program was compiled from uncorrected Closed Captioning.