00:14Well, before the court would issue a warrant,
00:17you have to assess to make sure that there's probable cause to either search the place there...
00:21When's a warrant required?
00:23Excuse me?
00:24When is a warrant required?
00:26The general rule is a warrant is required any time that the government wants to search a person, place, or thing.
00:33Could you speak into the mic?
00:35Oh, I'm sorry, Senator.
00:37I said the backdrop rule is that a warrant is required any time the government wants to search a person, place, or a thing.
00:44And to arrest you, right?
00:47There are some exceptions to that, but generally, yes.
00:49Okay.
00:50And there are exceptions to the warrant requirement for searching and arresting people, are they not?
00:55Yes, Senator, there are.
00:57Okay.
00:59Suppose the Florida Supreme Court ruled that here in Florida,
01:09we're not going to recognize any exceptions to the warrant requirement.
01:15You have to have a warrant to search someone, and you have to have a warrant to arrest someone.
01:20No exceptions.
01:22Can the Florida Supreme Court do that?
01:24Well, Senator, under the Supremacy Clause, they'd be bound by what the Fourth Amendment dictates.
01:30Of course, they're free to make their own requirements.
01:34What if the Florida Supreme Court did it under the Florida Constitution and not the federal Constitution?
01:42Well, they would still, Senator, have to apply with what the federal Constitution said under the Supremacy Clause?
01:49Do you know what adequate and independent state grounds means?
01:52Sure.
01:52Of course, I would understand that they could have independent and adequate state grounds for state law, but they—
01:58No, they don't.
01:59As long as you don't take away rights, but add to them, a state can do whatever it wants to under the state Constitution, can't it?
02:08Yes, sir.
02:10Yes, Senator.
02:10That's not what you just said.
02:11Do you think the Supremacy Clause applies—the Supremacy Clause applies?
02:19Well, I—
02:19Do you want to change your answer?
02:21Senator, I would like to change my answer to the extent that I agree with you that the Florida legislature, Florida, could do exactly what you said.
02:32I meant in my statement is that—
02:34Trust me, it can.
02:38Judge Pruitt—I'm sorry, I can't see that far.
02:41It's Judge Pratt, Senator.
02:42Yes.
02:42Judge Pratt, I apologize.
02:44I can't see that far.
02:45Can a state legislature pass a law that discriminates against a group of people over another group of people for inferior treatment?
03:08Well, Senator, the federal Constitution and the state Constitution both contain protections against various forms of discrimination.
03:18I know that, but can—
03:19But can a state legislature say this group—we're going to treat this group of people differently than another group of people?
03:28So I think, Senator, an example where a legislature could—
03:31But tell me first if a court—if a state can do that.
03:35Yes, a state can, for example, require a driving age, which discriminates on the basis of age, to say, for example—
03:43When can a state legislature not do that?
03:47When it's seeking to do so under a basis that is protected under the state or federal Constitution.
03:53Okay, good.
03:59Judge?
04:00Judge, tell me about the Privileges and Immunities Clause.
04:09The Privileges and Immunities Clause, there's a Privileges and Immunities and a Privileges or Immunities Clause.
04:15Right.
04:16There's one of each.
04:18One of them really—
04:19Privileges and is what I'm asking you about.
04:21Uh, I believe you're referring to what came through in one of the Reconstruction Amendments
04:26and discussing the fact that, uh, that the Privileges and Immunities of Citizenship would be extended—
04:32Well, first, what article is it in?
04:35I believe it's in the 13th Amendment.
04:38No.
04:39Fourth.
04:40Article 4.
04:41What does it do?
04:42Uh, Senator, you have pinpointed a question that in my nine years as a judge, in my decade of private practice before this,
04:53my two years as a law clerk, my two years on law review, uh, in law school, including a year as editor-in-chief, didn't ever come up—
05:00You tell—you're telling me you don't know?
05:02So this is—it's an interesting question, and—
05:05Yes, ma'am. I know it's interesting. That's why I asked you.
05:07Yes, so—
05:08But you don't know the answer. Just tell me. I got a lot of ground to cover here.
05:11I would be very happy to research it, uh, and—
05:14Okay. Do you know what the Privileges or Immunities Clause is?
05:18With respect to—my answer would be the same on that.
05:22You don't know—you don't know it either?
05:25Well, with respect to the Privileges and Immunities of Citizenship, my recollection is that—
05:31Privileges are immunities.
05:33Yes, my recollection is that—that that was discussed in one of the Reconstruction Amendments.
05:39Which one do you know?
05:40I believe it was the 13th or the 14th.
05:43Okay.
05:44Okay.
05:45All right, Judge.
05:47What's Title VI of the Civil Rights Act of 64 due?
05:51Yeah.
05:52Ma'am?
05:53Which judge?
05:54This judge down here on the far—
05:55Artau?
05:56I can't see that far.
05:57Okay.
05:58Just making sure, because there's four judges there.
05:59Judge Artau, I'm going to let you answer that briefly.
06:00Okay.
06:01I want to reclaim my time, Mr. Chairman.
06:02Madam Chairman.
06:03You can answer that briefly.
06:04Now I'm Chairman.
06:05Judge Artau, I'm going to let you answer that briefly.
06:06Okay.
06:07I want to reclaim my time.
06:08Okay.
06:09Mr. Chairman.
06:10Madam Chairman.
06:11You can answer that briefly.
06:13What—judge, what's Title VI of the Civil Rights Act do?
06:17It—I believe that that ensures that people are treated equally in any places that they
06:32would be, that they would not be discriminated against.
06:35In all cases?
06:37In—I mean, refresh my recollection as to what you were referring to.
06:47Senator.
06:48I'm referring to Title VI of the Civil Rights Act of 1964, which you're going to see every
06:54other Thursday as a federal judge.
06:56This is—so I believe that that's—that's under the Commerce Clause.
07:01They wanted to make sure that there was not any discrimination going on with regard to
07:10race, and that was what was addressing it?
07:13Okay.
07:14It—it—it prohibits discriminating on the basis of race or color or national origin.
07:21Under what circumstance?
07:22Do you know the answer?
07:25Under any circumstances where you're providing services to people?
