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by ledude 3883 days ago
the 4th amendment has been incorporated to the states. states can't legislate/constitutionalize less protections than what federal law provides.. you know... because the supremacy clause

this should be killed by a federal court very fast

[1] https://en.wikipedia.org/wiki/Incorporation_of_the_Bill_of_R... [2] https://en.wikipedia.org/wiki/Supremacy_Clause

1 comments

Actually the justification for incorporating the bill of rights (well some of it) comes from the 14th amendment, not the supremacy clause.
The supremacy clause is, however, the basis for why state statute can't brush aside the protections in the federal constitution, including those incorporated against the states by the Fourteenth Amendemnt.