Best 4th Amendment Podcasts (2025)

1
Constitutional Safeguards: How the 4th, 5th, and 6th Amendments Protect Your Rights 21:53

1d ago21:53

21:53

In this episode of Consider the Constitution, host Dr. Katie Crawford-Lackey welcomes back Kendra Johnson, assistant Public Defender in Fairfax, Virginia, to explore the Fourth, Fifth, and Sixth Amendments. Johnson explains how these amendments form the backbone of criminal procedure in America and protect citizens from government overreach. The di…

1
Can Police Stop a Car for Weaving WITHIN a Lane and Briefly Touching the Fog/Shoulder White Line? 11:27

1d ago11:27

11:27

On November 12, 1999, at approximately 2:05 a.m., Sergeant Thomas Carmichael observed a blue Honda traveling at 70 m.p.h. northbound in the right lane on Interstate 15. Carmichael first observed the Honda from his patrol car, which was positioned 75 yards behind it. He observed the car drift onto the solid white fog line on the far side of the righ…

1
Episode 289: Episode 289: Issues on the day of Easter 52:09

3d ago52:09

52:09

A bit of a change in our own private schedules meant Crazy Eddie was building fences and playing a round of golf in beautiful upstate New York while for DeViney an upended work schedule meant an "everything-upended" weekend. No matter: there was further talk of the issues driving the American people, from tariffs to the figures behind the figures i…

1
Can Police Pull Over Hispanic Males Because They Drove Careful Like "Didn't Want to Get Pulled Over" 11:41

8d ago11:41

11:41

Few statements in the law are as often repeated: "[A]n investigative stop or detention predicated on mere curiosity, rumor, or hunch is unlawful, even though the officer may be acting in complete good faith." ( In re Tony C. (1978) 21 Cal.3d 888, 893 [ 148 Cal.Rptr. 366, 582 P.2d 957].) The Fourth Amendment's protection against unreasonable searche…

1
FBI Raids Wrong House – No Remorse for Victims 35:46

14d ago35:46

35:46

In 2017, FBI agents, with guns drawn and a flashbang grenade, burst into the Atlanta home of Trina Martin, her then seven-year-old son Gabe, and her then partner Toi. Turns out, they had the wrong address. In April, Trina’s yearslong fight for accountability is heading to the U.S. Supreme Court. Today we chat with IJ client Trina Martin and IJ atto…

1
Episode 288: Episode 288: Tariffs, Amazon, Apple and Expatriated Taxes, et al 1:00:48

15d ago1:00:48

1:00:48

Re-emerged from their work behind the scenes, audio engineer Edmund Matuk III (Crazy Eddie) and Jon David (Jack) DeViney returns to review the tariffs at center stage. Along the way, Amazon, Microsoft, Elon Musk and, ah, yes, most certainly Apple come under renewed scrutiny. Save the "God bless America"'s and "Assembled in CA" crap and bring your j…

1
Debunking Political Myths with Dr. Casey Burgat 28:55

15d ago28:55

28:55

Host Dr. Katie Crawford-Lackey welcomes Dr. Casey Burgat back to James Madison's Montpelier to discuss his new book, "We Hold These Truths: How to Spot the Myths That Are Holding America Back."By The Robert H. Smith Center for the Constitution

1
Immigration Pulled Over a Car Because the Occupants Were Hispanic and "Kind of Dirty Looking." 12:18

15d ago12:18

12:18

The starting point for our analysis of whether the INS had reasonable suspicion to stop Serrano is United States v. Brignoni-Ponce, 422 U.S. 873, 95 S.Ct. 2574, 45 L.Ed.2d 607 (1975). In that case, the Supreme Court held that the fourth amendment prohibits INS roving patrols from stopping vehicles in areas near but not at the Mexican border or its …

1
Episode 287: Episode 287: Tariffs, Leadership & For-Profit Prisons 1:12:48

21d ago1:12:48

1:12:48

From tariffs to for-profit prisons, Edmund Matuk III (Crazy Eddie) co-hosts alongside Jon David (Jack) DeViney for Episode 287 of the flagship podcast. New shows loom, however, and the flagship itself is being divided into seasons. All episodes before the most recent season will be archived and unavailable for free download as of 30 April, so get t…

1
Police Can't Enter a Home & Seize Firearms Without a Warrant Under "Community Caretaking Exception" 10:22

22d ago10:22

10:22

Neither the holding nor logic of Cady justifies such warrantless searches and seizures in the home. Cady held that a warrantless search of an impounded vehicle for an unsecured firearm did not violate the Fourth Amendment. In reaching this conclusion, the Court noted that the officers who patrol the “public highways” are often called to discharge n…

1
14th Amendment: Securing Our Rights Against Tyranny 41:24

27d ago41:24

41:24

First enacted to ensure southern states respected the rights of newly freed slaves, the 14th Amendment is indispensable to modern civil rights litigation. But what does the amendment say and how does IJ use it to challenge everything from harassment by police to undue burdens on hair braiders? Today we’ll discuss all that and more with IJ attorneys…

1
Slavery, the Constitution, and the Road to Civil War 32:18

29d ago32:18

32:18

In this compelling conversation with historian Dr. Joshua Rothman from the University of Alabama, we explore the complex relationship between slavery and the U.S. Constitution. Dr. Rothman reveals how the founding document's compromises—from the three-fifths clause to the fugitive slave provision—both protected and perpetuated human bondage while p…

1
Can US Customs and Border Protection search your tech, including a cellphone and laptop? 18:05

29d ago18:05

18:05

The panel reversed the district court’s order denying the defendant’s motion to suppress evidence obtained from warrantless searches of his cell phone by Customs and Border Protection officials, and vacated his conviction for importing cocaine. Applying United States v. Cotterman, 709 F.3d 952 (9thCir. 2013) (en banc), the panel held that manual ce…

1
Episode 286: Episode 286: Signalgate, The Modern State & a Multimedia Debut! 35:41

1M ago35:41

35:41

Beginnings abound as The ModState Podcast returns for Episode 286 and discusses the so-called "Signalgate" messaging turmoil in Babylon (Washington, D.C.) as well as why we're doing this again in the first place. Speaking of which, this marks the first time our longtime audio engineer, Edmund Matuk III, joins as co-host along with our features edit…

1
Immigration Detentions Up, Federal Prosecutions Down: What's Going On Under Trump's Second Term? 12:38

1M ago12:38

12:38

The latest available data from the Justice Department show that during January 2025 the government reported 3196 new immigration prosecutions. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is up 2.5 percent over the previous month. See the full reports here: https://tracrepo…

1
The Unwritten Role: First Ladies in American Democracy 31:16

1M ago31:16

31:16

In this special episode of Consider the Constitution, Dr. Katie Crawford-Lackey explores the evolving role of America's First Ladies with Anita McBride, former Assistant to President George W. Bush and Chief of Staff to First Lady Laura Bush, and co-author of "Remember the First Ladies: The Legacies of America's History-Making Women." Though the Co…

1
EXCESSIVE FINE: $100k for Parking on Your Grass 42:20

2M ago42:20

42:20

$29,000 for overgrown grass. $16,000 for cracks in the driveway. $100,000 for parking incorrectly on your own property. These are some of the outrageous fines IJ’s clients have faced, often for harmless violations. The prohibition on excessive fines is one of our oldest rights, but governments, from small towns to federal agencies like the IRS, sti…

1
Federal Court Can Give LOWER Sentence to Defendant Who DIDN'T Know the Purity of the Drugs Delivered 12:40

2M ago12:40

12:40

Jesus Munguia Mendoza appeals the sentence imposed following his plea of guilty to possession of methamphetamine with intent to distribute, a violation of 21 U.S.C. § 841(a)(1). Mendoza contends that the district court erred in concluding that it lacked legal authority under the Sentencing Guidelines to depart downward on the ground that Mendoza ha…

1
Episode 285: Interview: with Ian Haynes 31:58

2M ago31:58

31:58

A gem discovered on our servers at long last, we're thrilled to present our interview with US Army Sergeant (ret.) Ian S. Haynes (RIP) from 2019. Part one (of three, provided we find the other two), Mr. Haynes was a member of the East Orange, New Jersey police force and retired as a Staff Sergeant from the US Army. Both co-founders of this podcast …

1
Warriors for Constitutional Rights with Sharon McMahon 29:07

2M ago29:07

29:07

In this compelling episode, host Dr. Katie Crawford Lackey sits down with Sharon McMahon, "America's Government Teacher" and New York Times bestselling author of "The Small and the Mighty," to explore the remarkable stories of overlooked women who shaped American democracy. From Rebecca Brown Mitchell, who helped secure women's suffrage in Idaho de…

1
Police Detained Occupants in Handcuffs for 3 Hours in Garage & Questioned About Immigration Status. 9:10

2M ago9:10

9:10

Respondent Mena and others were detained in handcuffs during a search of the premises they occupied. Petitioners were lead members of a police detachment executing a search warrant of these premises for, inter alia, deadly weapons and evidence of gang membership. Mena sued the officers under 42 U. S. C. §1983, and the District Court found in her fa…

1
Government Caught Outlawing Private Charity 20:36

2M ago20:36

20:36

For centuries, people have helped their neighbors by providing food, shelter, and more to people in need. But all too often, the creativity and generosity of ordinary people conflicts with government regulations. That’s why IJ defends those providing private solutions to public problems. I’m Kim Norberg of the nonprofit civil liberties law firm the…

1
Judge Gave a Verbal OK to Search a Home — But Does the 4th Amendment Require More? 7:05

2M ago7:05

7:05

The Fourth Amendment specifically requires a warrant to include a description of the “place to be searched.” The police officers here—at first—complied with that requirement, obtaining a warrant that listed a motel room suspected of being a hub for drug trafficking. The officers then decided to search the suspect’s home as well, and asked the judge…

1
Executive Authority: Constitutional Leadership in the Modern Presidency 36:40

2M ago36:40

36:40

What defines constitutional leadership in today's complex political landscape? Dr. Barbara Perry, co-director of the presidential oral history program at the Miller Center, examines how modern presidents navigate their constitutional authority while facing unprecedented challenges. Drawing from her extensive work conducting presidential oral histor…

1
Fire Scene Searches: Do Arson Investigators Need a Warrant? Does 4th Amendment Apply to Fire Dept.? 10:38

2M ago10:38

10:38

Respondents' private residence was damaged by an early morning fire while they were out of town. Firefighters extinguished the blaze at 7:04 a.m., at which time all fire officials and police left the premises. Five hours later, a team of arson investigators arrived at the residence for the first time to investigate the cause of the blaze. They foun…

1
VICTORY: Creepy Predictive Policing Program Shut Down 38:53

3M ago38:53

38:53

In Pasco County, Florida, the Sheriff’s Office thought it had a great idea: make lists of who might commit crimes in the future and hound them and their families until they end up in jail or move away. Under Pasco’s so-called intelligence-led policing program, hundreds of people, many of them minors, were deemed “prolific offenders” based on a crud…

1
Can Police Stop a Car If the Owner’s License Is Revoked — Without Confirming Who's Driving? 9:22

3M ago9:22

9:22

This case presents the question whether a police officer violates the Fourth Amendment by initiating an investigative traffic stop after running a vehicle’s license plate and learning that the registered owner has a revoked driver’s license. Under this Court’s precedents, the Fourth Amendment permits an officer to initiate a brief investigative tra…

1
Presidential Pardon Power 21:34

3M ago21:34

21:34

In this episode of Consider the Constitution, we explore the presidential pardon power with Professor Kim Whele from the University of Baltimore Law School. The discussion covers the historical origins of pardons from British common law, its incorporation into the U.S. Constitution, and how this power has evolved through American history through th…

1
Can Police Without a Warrant Enter Private Property to Search a Car Parked Near a House? Check VIN? 10:48

3M ago10:48

10:48

During the investigation of two traffic incidents involving an orange and black motorcycle with an extended frame, Officer David Rhodes learned that the motorcycle likely was stolen and in the possession of petitioner Ryan Collins. Officer Rhodes discovered photographs on Collins' Facebook profile of an orange and black motorcycle parked in the dri…

1
The Government Can GIVE Your Home to Developers 46:00

3M ago46:00

46:00

In 2005, the U.S. Supreme Court issued one of its most reviled decisions in modern history, in Kelo v. City of New London. By a vote of 5-4, the Court said governments could use eminent domain to take private property and give it to private developers who might pay more in taxes. As Justice Sandra Day O’Connor said in her dissent, “The specter of c…

1
Can Police Search a Car If The Arrested Person Was Already Outside the Vehicle When Police Arrived? 10:07

3M ago10:07

10:07

Before Officer Nichols could pull over petitioner, petitioner parked and got out of his car. Nichols then parked, accosted petitioner, and arrested him after finding drugs in his pocket. Incident to the arrest, Nichols searched petitioner’s car and found a handgun under the driver’s seat. Petitioner was charged with federal drug and firearms violat…

1
Transfer of Power: Lessons from 1800 26:47

3M ago26:47

26:47

Bitter rivals, fake news, and fears of biblical proportions—welcome to the U.S. presidential election of 1800. Consider the Constitution Host Katie Crawford-Lackey and historian John Ragosta unpack America's first transfer of power between opposing parties, revealing surprising parallels to our current political moment.…

1
How a Massive Government Negligence Got This Case Dismissed. 8 Years on the Run? 11:49

3M ago11:49

11:49

Doggett v. United States, 505 U.S. 647 (1992), is a Supreme Court case addressing the right to a speedy trial under the Sixth Amendment. Facts: Marc Doggett was indicted in 1980 for drug-related charges. Shortly after the indictment, he left the United States. While authorities knew he was in Colombia and later Panama, they failed to apprehend him …

1
Badges & Bulldozers: Georgia’s Home Destructions 43:27

4M ago43:27

43:27

We all want to feel secure in our homes, and if the reckless or abusive acts of government officials violate that security, we expect to be able to hold them accountable. IJ recently launched two cases in Georgia to uphold that principle; one in which a town bulldozed a home without warning or compensation and another where FBI agents violently rai…

1
Police Peer Through a Gap in Closed Blinds — Do Social Guests Have 4th Amendment Protection? 11:23

4M ago11:23

11:23

A police officer looked in an apartment window through a gap in the closed blind and observed respondents Carter and Johns and the apartment's lessee bagging cocaine. After respondents were arrested, they moved to suppress, inter alia, cocaine and other evidence obtained from the apartment and their car, arguing that the officer's initial observati…

1
What Would Madison Make of TikTok? 28:21

4M ago28:21

28:21

How would James Madison, the architect of the First Amendment, view today's controversial TikTok ban debate? Host Dr. Katie Crawford Lackey and constitutional expert Dr. Lynn Uzzell explore the surprising parallels between 18th-century free speech battles and our modern social media challenges.By The Robert H. Smith Center for the Constitution

1
Man who racked up a pile of parking tickets argued that there was NO NOTICE to tow his car! 14th Amd 11:54

4M ago11:54

11:54

Fourteenth Amendment Due Process Clause/Vehicular Tows The panel affirmed the district court’s grant of summary judgment for the City of Portland in an action brought by Andrew Grimm alleging that the City’s procedures for notifying him that his car would be towed were deficient under the Fourteenth Amendment’s Due Process Clause. Grimm parked a ca…

1
Mom Mistakenly Jailed. Missed Christmas with Active Duty Son 37:07

4M ago37:07

37:07

On Christmas Eve 2022, Jennifer Heath Box got off a cruise ship in Florida, excited to return home to Texas and spend Christmas with her children before her son was deployed. Instead, police arrested her as she got off the ship, and she spent Christmas in jail, where guards pumped death metal music and freezing air into the cells. All because polic…

1
Top 3 of 2024: Police enter home without a warrant to arrest a felon, ruse checkpoint, & containers 12:53

4M ago12:53

12:53

Thank you all for an incredible year! I experienced the biggest surge in viewership, and it’s all because of your amazing support in sharing my videos. A special thank you to everyone who purchased my Do Not Arrest This Person t-shirts—you’ve made this journey even more rewarding! ~ Anton V. aka LAWSTACHE 1. NOT a crime for citizen to refuse entry …

1
Smoking marijuana two hours prior and bloodshot eyes alone aren't enough for a DUI arrest. 15:09

4M ago15:09

15:09

Ultimately, the Court is presented with two facts: (1) Mr. Russell consumed marijuana at least two hours before the stop; and (2) Mr. Russell may have had bloodshot, watery eyes and/or droopy eyelids. These facts put this matter on all fours with Patzer, where the driver was observed only to have “bloodshot and glassy eyes” and admitted to smoking …

1
Stopped for Broken Taillight, Restrained & Searched Because of High-Crime Area Late at Night. 8:24

4M ago8:24

8:24

May officers, as a matter of standard procedure and in the name of "officer safety," detain and frisk a driver stopped for an equipment infraction solely on the basis that the stop occurs in a high crime area at night? Here we conclude that the Fourth Amendment does not permit such an intrusion and that any incriminating evidence flowing from the i…

1
Creepy AI-powered Surveillance Cams in 5,000 Cities and Counting 36:04

5M ago36:04

36:04

Not long ago, if police wanted to know where someone drove, they would have to follow that person for days, taking significant resources. But new technology allows the government to track everyone nearly all the time and to access that information without a warrant. As this technology spreads around the country, people are fighting back for the Fou…

1
Can police search your HOME to seize your CELL PHONE anytime they suspect you of a crime? 19:06

5M ago19:06

19:06

Most of us nowadays carry a cell phone. And our phones frequently contain information chronicling our daily lives—where we go, whom we see, what we say to our friends, and the like. When a person is suspected of a crime, his phone thus can serve as a fruitful source of evidence, especially if he committed the offense in concert with others with who…

1
Police prolong traffic stop by asking UBER driver why he took his PASSENGER near a high crime area. 16:17

5M ago16:17

16:17

The Fourth Amendment guarantees “[t]he right of the people to be secure in their persons . . . and effects against unreasonable searches and seizures.” U.S. Const. amend. IV. A traffic stop is a “seizure” of “persons” within the meaning of the Fourth Amendment. Brendlin v. California, 551 U.S. 249, 251 (2007) (holding that passengers as well as the…

1
Police tried to manufacture some reason to prolong motorist’s detention. Asked a bunch of questions. 13:32

5M ago13:32

13:32

The Fourth Amendment guarantees “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” U.S. Const. amend. IV. When determining whether someone’s Fourth Amendment rights have been violated, “the ultimate touchstone . . . is ‘reasonableness.’ ” Brigham City, Utah v. Stuart, …

1
“Fish Cops” Flounder the 4th Amendment 28:35

5M ago28:35

28:35

In Pennsylvania, officers of the Fish and Boat Commission have the power to trespass on any land or water without a warrant. For one couple, that lead to repeated harassment at their lakeside home from a Waterways Conservation Officer. But the Constitution’s Fourth Amendment protects all Americans, including Pennsylvanians who live near water. Toda…

1
Police prolonged a stop by waiting for a K-9 unit to arrive because driver had air freshers. 14:04

5M ago14:04

14:04

The Fourth Amendment protects “[t]he right of the people to be secure in their persons ... against unreasonable searches and seizures.”U.S. Const.amend. IV. A traffic stop constitutes a “seizure” under the Fourth Amendment. Whren v. United States, 517 U.S. 806, 809–10 (1996);Delaware v. Prouse, 440 U.S. 648, 653 (1979). The reasonableness of a traf…

1
When Lawsuits Go Viral with @CivilRightsLawyer 48:09

6M ago48:09

48:09

The proliferation of video is changing how Americans fight for their civil rights, and much of it is happening right here on YouTube. I'm Kim Norberg of the nonprofit civil liberties law firm the Institute for Justice, together with co-host Keith Neely and IJ senior attorney Patrick Jaicomo.Today, we’re talking with special guest John Bryan, better…

1
Police detained an innocent guy, who didn't match description and had no connection to the crime 9:58

6M ago9:58

9:58

Responding to a report of suspicious activity in the area, a police officer unlawfully detained a bystander who had no apparent connection to the report. The officer ran a records search and learned that the bystander, Duvanh Anthony McWilliams, was on parole and subject to warrantless, suspicionless parole searches. The officer proceeded to search…

1
Consider The Constitution: Highlights from Season One 24:16

6M ago24:16

24:16

In this season finale, host Dr. Katie Crawford Lackey and producer Adam Belmar reflect on key conversations from the first season of Consider the Constitution Podcast. They revisit notable discussions with constitutional scholars about Article III, judicial review, Madison's vision for managing political diversity, and the evolution of constitution…

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4th Amendment Podcasts

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