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Pete Buttigieg, the Supreme Court, and the Fourth Amendment
['Jordan Lorence']
SCOTUSblog
Nevertheless, based on Supreme Court authority on the Fourth Amendment, this all could have been avoided in the first place.
But the Constitution – and the Supreme Court’s Fourth Amendment jurisprudence – sets limits on what the authorities can do to fight crime.
As the Supreme Court has made clear, the Fourth Amendment balances how the police and social workers conduct their investigations.
So what would my advice to Buttigieg have been based on Supreme Court precedent?
The Supreme Court has made clear that if you lack probable cause, you cannot get a warrant to search a family’s home.