30 January 2023

INNOCENT UNTIL PROVEN GUILTY: ERWIN CHERMERINSKY SPEAKS on THE HISTORY OF THIS LAW : WHAT IS ILLEGAL SEARCH and SEIZURE

Besides DNA evidence, the question of INNOCENT UNTIL PROVEN GUILTY comes up due to the media's conviction of suspect Bryan Kohberger in the Idaho murders.  Late in 2022 I became rather obsessed with this story, one of about 35,000 murders in the United States in a year, and by watching YouTube videos I was introduced to new media news outlets as well as the True Crime vloggers and so very many people ignorant of the fact that in the United States we are to be considered INNOCENT UNTIL PROVEN GUILTY. But just when I had thought that by sorting through I had eliminated all the tarot readers, psychics, speculators, hit-happy no-nothings, I began to realize that major news media was WORSE in the use of their language and promoting theories that had already been denied or eliminated.  Why? Because anyone in major news media should have basic journalism education, and they were in on the speculative discussions and the defaming of his character.

Once horrified by the murders, I became horrified by the knowledge that this man might be innocent, he has been tried and convicted by the media, and his life has been ruined either way.  So, I sought out information about our laws.

Erwin Chermerinsky is one of the best and this lecture outlines the development of our understanding - the fourth and fifth amendments - about what is or is not privacy, search and seizure, and so on.


It was not until the end of the 19th century that professional police forces began to exist. In the Colonial period the searches could be done of whole neighborhoods without issue, searching homes and carriages, but the Fourth Amendment sought to individualize search and seizure. 

Good questions too....