Episode Details

If you’ve ever seen the 1971 flick “The French Connection” you may know a bit about hiding illegal drugs inside the bodies of cars. Someone else had the same background knowledge and so had installed a secret compartment in his minivan. The problem for him was the police already had a warrant to search his home and while they were executing the warrant they took his van. After taking it away they got another warrant and found the drugs and then took the van through civil forfeiture. The defendant argued there was no warrant for the van’s initial seizure and that it therefore violated the Fourth Amendment. Unfortunately for him, the Second Circuit upheld what the police did because of the “automobile exception.” Robert Fellner of IJ tells us the story and discusses the weird world of civil forfeiture, cars, and searches, that should trouble us even when it crosses paths with the not most sympathetic of folks. After that, IJ’s Andrew Ward tells us of an Eleventh Circuit matter addressing the right to raise one’s child and substantive due process. The opinion allows us to have a fascinating discussion about general matters of constitutional law but please be warned (especially parents with children listening) that some sensitive subjects come up.

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The French Connection