Fourth Amendment to the United States Constitution

And Bivens is essentially a judicial, um, alternative to Section 1983, right? Section 1983 does not include federal officials by name, so the United States Supreme Court in the early '70s, in 1971, said, "Okay, fine.

You can bring a Bivens claim for violation of someone's constitutional rights." In that, uh, period, uh, that case specifically involved Fourth Amendment, right? Search and seizure, something that seems to fall right into the heartland of what happened in this case, right? Bivens case basically said you can sue federal officials under the Fourth Amendment for unreasonable searches and seizures.

Uh, the Supreme Court then, uh, allowed, uh, two additional cases, um, under which you could sue.

One was for due process violations in a very specific context, and another one was for, uh, uh, medical, uh, negligence and malpractice in prisons.

Uh, yes, federal officials are not included in Section 1983, but they should be able to be sued under the federal Constitution." Starting in about the late '80s, the Supreme Court started to restrict that cause of action, uh, because, uh, the court doesn't like implying rights of action.

Uh, so it says we need specific authorization to go to court.

So even though you have a guarantee of a consti- of the Fourth Amendment, for example, you need an authorization to go to court, just like Section 1983 provides you.

So the court has, starting in the late '80s, become very skeptical of implied rights of action under the Constitution.

Guy in West Virginia just sent a text on our text line.

The use of flock cameras and similar systems don't fall under the Fourth Amendment.

That's the right, of course, to search and seizure.

As you don't have any expectation of privacy in public.

Now, I get the concern that people have, but spell out for us, Congressman, why you've introduced legislation that would basically require... communities, law enforcement, you know, everybody to get a warrant in order to even utilize these controversial flock cameras.

Explain your thinking and tell us all about your legislation, sir.

Yeah, first, at the big picture, there's this thing called the Fourth Amendment that protects us against unreasonable searches and seizures that should preface any type of law enforcement action before they do it.

It became kind of personal to me when we had an incident and several incidents now in Florida.

search.

It's covered by the Fourth Amendment.

It's a warrantless search.

Yes, that's what's going on.

Yeah.

No, nobody's in favor of

trash in the Fourth Amendment.

That's absurd.

Hold, hold on

... their constitutional right to the Fourth Amendment.

I, I listen, I believe in the Fourth Amendment.

I believe in privacy.

I thought you were gonna talk about flock cameras too, just to be perfectly honest with you, 'cause your, the call screen said-

We just had the Second Circuit Court say, if you want to seize their phones, you can.

That's not covered by the Fourth Amendment because your phone is property.

It's like, wait a minute.

Has the Second Circuit Court ever read the Fourth Amendment? It specifically talks about being left alone in terms of your person, your house, your papers, and your effects.

And everybody agreed that what effects meant were property that was movable.

It was real property, but it was different from like real estate, right? And so it was property that was movable.

We just had the Second Circuit Court say, if you want to seize their phones, you can.

That's not covered by the Fourth Amendment because your phone is property.

It's like, wait a minute.

Has the Second Circuit Court ever read the Fourth Amendment? It specifically talks about being left alone in terms of your person, your house, your papers, and your effects.

And everybody agreed that what effects meant were property that was movable.

It was real property, but it was different from like real estate, right? And so it was property that was movable.

Yes, and how you gain that evidence as the government, there are rules that govern that, right? Right.

Okay, so in addition to the speech or debate clause for the rest of us who don't work in Congress, We have this thing called the Fourth Amendment.

OK, there are rules.

Oh, I would like to tell you something while we're on recording, because I think you'll appreciate it really quickly.

Commandment number four.

There goes the Fourth Amendment.

This isn't the same world you left four years ago, sir.

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